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TESTIMOISTir 



THE JOINT sioLixrr coMMrrrEE 




THE lAU [NSURllECTiONAllY STATES. 



A. T. A II A M A . 



WASHINGTON: 

0OVKUNMENT PRINTINa OFFIOK. 
1872. 



4^. 



THE KU-KLUX CONSPIRACY. 



This report eousiyts of lUirteeii volumos. 

Volume I coutains the report of the committee and the views of the minority. 

Volume II contains the testimony taken "by the committee in relation to Xorth Caro- 
liua, and the rei)ort of the trials in the Ignited >States circuit court held at Ralei<^h, 
North Carolina. 

Volumes III, IV, and V contain testimony taken liy the ct)mmittee in relation to 
8outh Carolina, and the report of the trials in the United States circuit court held at 
Columbia, South Carolina. Index to the three volumes is contained in volume III. 

Volumes VI and VII contain testimony taken ^y tlie committee in relation to Gear- 
gia. Index is contained in volum(^ VL 

Volumes VIII, IX, and X contain testimony taken l>y the conunitt<M3 in relation U) 
Alabama. Index is contained in volume VIII. 

Volumes XI and XII contain testimony taken by the committee in relation to ^Mis- 
sissippi. Index is contained in volume XI. 

Volume XIII contains miscellaneous testimony taken by the conunittee, testimony 
in relation to Florida, and miscellaneous documents. 



A. 

ABERCROMBIE, ROBERT H., testimony of. 1103-1 1 J 3 

resident of Tii>kegee, Jlaeuii County; native ot" the State; a lawyer ]103 

a democrat ; was in ihe confederate ani^v 1111 

particulars of the attack on James il. xVlston. and the riot growing out of it, 1104,1105, 

lins, UU9, 1110, 1113 

character of Alston and Bill Dougherty 1106, 1107 

inflammatory speeches nuide by Alston IIOH 

perfect quiet, peace, and liarniouy now prevail between the whites and blacks 
in Macon Ooiiniy ; reduction in tlie number of votes since the attack on 

Alston : ^ nil 

a large number of democratic negroes in Macon'County 1111, 11 1'i 

reason lor this change of ])olitics ; rehitive party vote 111'^ 

Abrahams, Judge, efforts to get him out of ollice 1777, 177?^, 177i.) 

Abrahams, Judge, how ho obtained his office 177D, 17H0 

ABRAHAMS, WILLIAM THOMAS, testimony of ..137e-13>7 

resident of McKiuley, ]Marengo County; a physician; was justice of the 

peace 137 s 

was president of tlie Loyal League of McKinley ; was not a re;Hiljlicau 13.^'J 

his object in joining 13^'^, V^>^^ 

his vote for ^Ir. Hay his ou\y republican one" 13r4 

the couLty has always been peaceable and quiet, with the usmil exceptions of 

hiwiessness 137?^, 137*J 

serious disturbance of the peace of xdcKinley threatened on the l-1th of Octo- 
ber, li"71, in connection with political meeting to be addressed by William 

B.Jones 1379, 1350, 13<bl 

steps taken to preserve the peace at meeting to be held October tiS, 1871, to be 

addressed by W.B.Jones 1380,1381 

character and objects of Mr. Jones 1381, 1385, 1386, 1387 

Union League existed in Marengo in 1^67, and continued but a short time; its 

nature, object, A c 138'i, 1383, 1384 

purposes of the negroes in assenibling at McKinley 1379, 1380, 1384, 13*:5 

several democratic negroes in McKiuley ; had a club in 1868 numbering sixty 

or seventy 1386 

general beliavior of the negroes quiet and orderly 1387 

Acklyn, Peter, hanging of 020 

Adams, Bill, killing of negro, by 1043,1044 

ADLER, EMANUEL, testimony of 1557 

resident of Demopolis ; a merchant ; 1557 

agreed to employ Mr. Neibling as book-keeper, but released him from the en- 
gagement at his own request ; was told that if he employed him it would 

injure his business " 1557 

Affidavits 146-153,576, 1185-124-i 

Alexander, Jasper, taken from jail, hanged, and shot, 1578, 1596, 1604, 1605, 1624, 1627-1629, 

1631,1671, 1798, 1799, 1808, 1809, 1904, 1905, 1956, 1964 

Alibi, the general form of defense ^ 493,539 

discharged upon defense of 535,537,538,591, 1009 

in case of Morris Dunn ^ 1923-1927 

Charles Bran 1933 

Alldredge, Edward, shooting at 756 

ALLDREDGE, ENOCH, testimony of 984-993 

resident of Blount County for thirty years ; member of the legislature 984 

a democrat ; sent to the legislature lor twenty-two sessions... 985 

character of W^illiam Shepard and Samuel Horton 984,988,989 

respecting the deformed child of Young Horton 984,985 

no difficulty in executing the law in the county ; peace and good order prevail ; 
not true that Horton was driven out of the county, but that he engaged in an 

anti-Ku-Klux raid, was indicted, and ran away 985 

I— A 

I 



II 



INDEX. 



Page. 

ALLDREDGE, ENOCH, testimony of— Continued. 

on this anti-Ku-Kiux raid parties were notified to leave or they would be 

hanged 9«5,036 

names of parties who so informed him ; character of the disturbances in that 

region 986 

whipping of Ilorton, and its cause 986,987 

supposes there was a Ku-Klux Klan ; character of its membership, &c.,.. .987, 988, 992 

no prejudice against white republicans 988 

knows of no Ku-Klux brought to justice; character of Captain Berry 990 

state of feeling between those who served in the Federal and confederate armies; 
James Ketchum tal^en from jail and shot; character of Thomas Nation, and 

outrage upon him by disguised men 991 

no necessity for the Ku-Klux organization ; shooting of Sheriff Murphy ; meet- 
ings for disapproval of Ku-Klux 992 

AiSton, James H., attempt to bribe 1018 

Alston, James H., character, standing, &c., off. -.1029, 1036, 1037, ] 061, 1062,1067,1068, 

1106, li07 

Alston, James H., shooting of 229, 1017, 1018, 1023, 1029, 1031, 1036, 1037, 1059, 1060, 

1061, 1068, 1069, 1091, 1092, 1094, 1096, 1097, 1104, 1 105, 1 108-1110, 1113 

ALSTON, JAMES H., (polored,) testimony of. 1016-1022 

has been living in Montgomery for sixteen months, but his home is Tuskegee . . 1016 

representative of Macon County , 1017 

was appointed to canvass the third district ; a shoemaker and a musician 1018 

a slave, and in confederate army 1019, 1020 

born in South Carolina .- 1021 

had to leave Tuskegee to keep from being shot and to keep his wife from being 
shot ; charter from the grand council of the Union League of America, con- 
stituting him and his associates a council at Tuskegee; council instituted ; 

changed to a republican club when the League died out 1017 

was shot, in June, 1870, through the blinds, by a band of men 1017, 1018 

his wife and child struck with the shot ; was offered $3,000 by Mr. Robert 

Johnson to use his influence in favor of the democrats 1018 

was influential with the colored people ; his club numbered four or five hun- 
dred; received a threatening letter from the Ku-Klux; Ku-Klux notice 

posted on the bridge lOli) 

no one punished for shooting him 1020 

waited on by a committee and ordered to leave 1021 

was pursued, took to the woods, then to the swamp, where he remained ten 

days; then walked to Montgomery 1022 

Alston, James H., wounding of wife and child of 1*018 

Amnesty, probable effect of, Hay's opinion as to 16, 21, 22 

Lindsay's 200 

Clanton's 237,243,249 

Pettus's 390,395 

Pugh's 407,412 

Speed's 425 

Richardson's 822, 848, 851 

refusal to grunt, a cause of irritation ' 34, 192,200,437 

the true policy 98 

colored people favor 455 

republican party favor 1183 

republican convention favors - 504,505 

granted by State legislature 509 

Appendix to testimony of William B. Jones 470-475 

Applegate, A. J., Ex-Lieutenant Governor, charges against 879-881 

Armfieid, Mr., implicated in the killing of Thomas 1672 

Arms, carrying of 75, 1166, 1318, 16S6, 1835, 1836 

Arms, colored people deprived of, 683, 689, 723, 743, 779, 813, 862, 863, 914, 915, 917, 927-931 , 

1162,1165,1167,1195, 1233 

Arsbern, Robert, identified by Vix * 1196 

Asheviile, disturbance at 1170, 1171, 1217-1220 

Austin, James, whipping of 722 

B. 

Baker, John, whipping of 1016 

Baker, Joseph, whipping of 1036 

Baker, Mr,, identified by Few 1083, 10o4 

Barbee, Mr., kilhng of 7J1 



INDEX. Ill 



Page. 

Barbee, Mr., (preacher,) whipping of - 715, 7 ]G 

Barber, Mr., killing of iWr^ 

Barnes, Mr., receives Ku-Klnx letters ir'8 

BATTLE, CIJLLEX A., testimony of _ 1059-107^ 

resident of Tuskegee, Macon County ; a major general in the confederate 

army; a lawyer ; has been engaged in planting 

live negroes arrested upon aliidavit of James H. Alston, for the outrage upon 

him ; their preliminary trial, aud what was developed therein 1051), KKH, [{■{'.[) 

largo combinations of negroes for the protection of Alston dispersed by witness 

and his organization, acting under the autliority of the sheriff ll-M) 

Alston waited on by a connnittee aud advised to leave ; contradiction of Alston's 

testimony KHU 

character of Alston 100 1, ]0(i'2, UUu, I'iVjS 

case of William Dongherty 1U()2, 1(K!5 

ho was hnng in effigy lOli-L iO^ 

attack on Zion church, and the cause of it 1063, 10G5, I'Jfid, li / 1 

Sweet Gum church hurmid ; politics of Dr.W. J. Gautier ii>()\, lr-.7 

character of William Dougherty ]0*).4, 10(i5, I ' TO 

the ne-gro(?s generally republican lOf uJ 

policy of the democrats, concilintion ; it is not very successful ; cause of the 

reduction in the colored vote of the county 1(,M;7 

no discrimination ))y juries against colored people on account of color or radi- 
cal proclivities *. lOGO, 1070 

does not believe a Ku-lvlux organization ever existed in East Alabama U>7U 

character of Mr. Ihitler and Mr. Howen; general conduct of the colored pi'0])le.. 1071 

Baxley, Mr., beaten, cut, and stablted by negroes ',)75 

Bea)uer, John, outrage on negro by 

Beu^lcy, (^aleb, wife and child, whipping of ;>.H 

Bv-aslov, Mr., raid on house of UjT% 

BE(U;s. WILLIAM, tt\stimony of I1)5:M;?:5 

resident of Livingston, Sumter Genuity ; a fanner \Sr\ 

took the census last year; is tax-collector l\ 'A 

whipping of negroes to drive them from the emi)]oy of Mr. Wiley; association 

of citizens to suppress violence and lawlessness 1954, 11^55 

killing of Goblentz ; Jasper taken from jail aud killed; i'rater rclea.'-ed from 

jail; shooting of George Houston LT.-l 

Bell, Davis, identitied by R(^ynolds il'-^-J 

Bill. Frank, beaten with aboard 

Bell, Timone, taking of gun of i)-^'7 

Jjelmont, riot at 1 15*J, 15>1, 15r«'J, IGGG, 1\>.7 

J^ENNETT, GRANVILLE, (colored,) testimony of 17ol-1745 

has lived in Sumter G(nuUy altout thirty-six years 17 1 

Mr. Anderson Young's son killed in the fall of 1^70 1735, 1743 

Dennis Sledge aud another negro killed ; Enoch Sledge (colored) wounded ; 

I>anger Godfrey's ears cut ofit" 17r)G 

Coldentz killed ; George Houston shot ; Richard Burk killed ; Isaiah Hunter 

killed and his house and body burned 17;]7 

Jerry Clark and Yardiee Ben killed ; a heap of colored pec)ple wdiipped J7;'H 

intiinidation of voters i73H. 1739, 1741, 1742, 1744 

many colored people vote the democratic ticket to live in peace; school-houses 

burned ; the people getting discouraged and talking of going to Kansas ... 1739 
the people are not as well off as they were in slavery; no one to protect them; 

dangerous to vote the radical ticket in Sumter ; Leverett whipped 1740 

no one punished by the courts for whipping or killing colored people ; inter- 
ruption of the meeting at which Governor Barsons aud Smith were speaking. 1741 

character, politics, &c., of Syd Porter 1742, 1743 

Isaiah Hunter killed 1744 

BERRY, ISAAC MARION, testimony of 7G9-7tO 

forty years old ; lives in Blount Couiuy; was six mouths in the rebel army, 

and two years in the Federal Army; a Uuion man • 7.i9 

took the census last year in Blount County 770 

many outrages in Blount County upon loyal men by disguised bands 7G9 

they commenced about the time of the presidential election ; their organization 

kept up to the present time ; outrage upon Thomas Nation "1 770 

house of James Wooden raided and his colored people run off; raid !)n Mrs. 

Russell's house 771 

whi[)pingof a girl in ^larshall County 771,772 

Thomas Pointer driven from home on account of having been a grand juror 

and in the Federal Army ; James Austin whipped 772 



IV 



INDEX. 



Page. 

BERRY, ISAAC MARION, testimouy of— Contiuuea. 

Liua King whipped; Ku-Klnxing of the Hoitous ; killing of Sheriff Murphy. 773 
raid on house of Judge Charlton, in Summerville, Morgan County; his repub- 
licanism the cause 774 

number of outrages in Blount County 774,775 

no prosecutions for these outrages have been instituted ; Ketchum taken from 
jail and hung; strength of Ku-Klux in Blount County; Ku-Klux order 
approved by the older people ; the order too strong for the law to deal 
with ; a jury could not be impaneled without one or more Ku-Klux being 

on it 775 

churches burned ; no colored Schools in Blount County ; republicans favor and 
democrats oppose the education of negroes ; democratic opposition to fifteenth 

amendment and to equal rights for the negroes 77(5 

intimidation of voters 777 

killing of Judge Charlton 777,778,779,780 

organization of Union men against Ku-Klux, and its effect 778, 770 

disarming of negroes by disguised men 779 

Beville, Sheriff, character, standing, &e., of 1815, 1819, 1825, 1826 

Bingham, Mr., burning of house of 1293 

Binns, Mr., killing of, by Jasper Alexander 1626, 1629, 1671 

Birdsong, Mr., killing of McKee by 659 

Black Cavalry', the 1126, 1136 

Blackford, William T., character, standing, &c., of •..1475, 1484-1486,1490, 1492-1494, 

1498, 1499, 1501-1503, 1518-1520, 1523, 1524, 1588, 1589, 1855, 1856 

outrage on 1272, 1475-1478, 1483, 1484, 1493-1497, J525, 1526, 1529, 1856, 1985 

resignation from office of 1477, 148C, 1487, 1492, 1498, 1503, 1504 

renounces his political views 1492, 1499, 1500 

BLACKFORD, WILLIAM T., testimony of 1271-13('2 

resident of Greensborough, Hale County ; was probate judge ; was a physician. 1271 
has lived in the State since February, 1857 ; was a Union man ; after the seces- 
sion of the State was tried by a vigilance committee for his fidelity to the 

Union ; was surgeon in the confederate army, without a commission 1271 

special agent Post-Office Department 1291 

was not under disabilities 1300 

search made for witness by disguised men at the house of his mother-in-law, 

Mrs. L. M. Nutting, January, 1871 ; his clothing torn to pieces 1272 

his office also searched, and bis hat and some clothes taken, by the same party ; 
McCrary released from jail by them ; Mrs. Nutting's house fired into ; wit- 
ness escaped to the woods, through information received from a negro whom 

the party had captured and afterward released 1273 

was advised by a friend, a gentleman of prominence in the State, that he would 
not be permitted to hold the office of probate judge any longer, and that he 
had better resign for his personal security, and leave the country ; acceded, 
and entered into negotiations for the sale of his property ; w'as compelled to 

lie out at night 1274 

notifies Governor R. B. Lindsay by letter, and the sheriff sends a report of the out- 
rage ; who responded by asking Colonel Jones and others to organize the 

militia; no company raised 1275 

>vas waited on by a committee of citizens, and negotiations for the sale of his 
property finally effected by them through* appraisers ; titles examined and 

sale concluded, at |5,500 1275, 1276 

visits Governor Lindsay ; the conversation had ; fails to obtain protection 1276, 1299 

lies out seven nights without shelter, three of them rainy, all very cold, and eight 
or nine, part of the time in negro cabins and part in the woods ; contracted 

the erysipel&s in consequence 1277 

finally escaped to Selma, thence to Louisville 1277, 127t^ 

received eleven Ku-Klux notices in 1868 ; substance of these notices 1278 

character of the speeches made by witness during the campaign of 1868 1279, 1301 

no ground of opposition to his holding office, except that he was a republican, 

and held under the new constitution 1279 

election statistics of Hale County *. 1279, 1260 

intimidation of voters 1280, 1290 

details of organization, extent, &c., of the Ku-Klux 1280, 1282, 1283 

debate in sub-committee on the point of requiring witness to give the name of 

the party from whom he obtained this information of the Ku-Klux order 12H] 

attempted release of Peyton McDonald from the Greensborough jail by dis- 
guised men ; and of a prisoner from the Marion jail, in Perry County ; Mr. 

Williams, probate judge, Pen'y County, compelled to leave 1283 

confirmation of the truth of the statements about the Ku-Klux order 1284 



INDEX. 



V 



Page. 

BLACKFORD, WILLIAM T., tesllmony of— Continued. 

Dc^To pniyer-iiieetiug, Augu>t 11', IbTl, sliot into, and Fletcher (colored) 

Wounded I*2!r4 

ne^ro killed ; Pbilip Greeu'.s liou.se burned; two negroes murdered; neg-roes of 

Hale County leel entirely i :;secnre 12B5 

;i-encral reception and treatn,- nt of troops by citizens f*-iS5, I'JHG, 1287, 1297 

Mr. Cumse knocked do\\-*n ai.d cut by soldiers, for his activity at the election.. 

litienjpt to as;«assinate witnes- by s(!:ditrs 1260, 12b7 

tlje facts reported to the coniiiinndini' otiicer; imthing: done 12b7 

white people of Hale County aiid ti.e district have the same animosity to the 
(.Jovernnient of the United ►Slates that they had in l^oi ; the Government 
cursed and denounced 1267, ]26d 

they lit^ve never become ieconciIe«l to ncfrro suttrai^-e ; if they had the power 
tliey 'would repeal the lit teenth ameuduieut and ail others, and go out of the 
Government; bitter op])osition to uegru schools, and their maintenance by 
taxation ; a large number of school-houses and churches burned ; general 
treatment of the negro by the land-owners, c 1268 

aduiinistration of justice 1268, 1289 

})robable elVect of removal of disabilities . I26d, 1289 

knows not a single instance of any punishment having been inflicted on bauds 

of disguised men 1269 

labor contracts; took his stock to Kentucky: resigned his otiice before leaving 

the State ; it Avas accepted, aial a democrat appointed in his })lace 1290 

has visited Greeiasboroug'h several times on Saturday ni^ht, leaving again on 

Monday i 1291 

was recognized and threaiened while investigating a mail robbcrv at Loacha- 
^ poka - 1291,1 29*2 

viie or two route-agents run off: xdma and Meridian IJailroad Company for- 
bidden to em])loy negro iireu.m ; rouie-agents changed ; house of Mr. Bing- 
ham, po^tmiister at Talladega, burned; .Judge Luther Smith's house burned; 
i!egro taken fi om jail in Si micr Coiuity, and hung i29o 

terroiism in Fayette; general tone of the democratic pre>s as to Ku-Klux out- 
rages, and as to carpet-bagger.^ and scalawags ; invited an investigation into 
his oflicial condiict : the investigation lunl Fj94 

copy of tlie r«'i)ort nuule in his ra-c : Cieorge ISLDuskin, C. W. llalch, Arthur 
A. Smith, received Ku-Klux letters; Judge Luther Smith asked by public 
n.eerirg to resign 1295 

jirobate judge i f Choctaw received ilu-eaiening letters, and compelled to resign ; 
cfliceis of Ferry County received similar letters and tlireats ; Judge J. Q. 
Smith received a Ku-lvlux ieuer: ha.^ oiny kind feelings toward the citizens 
ui Hale County; the dilferen: es ahogether political 129G 

presided at a meeting in 16oV, oi men of all parties, to support the reconstruc- 
tion uieasures 1296, 1297 

never heard th;u the. attack nr. in him was caused by his being in bed with a 

negro wtanan ; it was not tiie lacr 1297 

lid not sell his otlice v.dien he .^vild his propeity 1298 

'.ircumstinices connected wi;li Uic ajspoimment I'f his successor 129S, 1299 

icnies presenting a letter (tf lli^ own t.> tiie govevnor recommending his sucees- 
.'>or; had no understandings v. ith ;iu\b(idyto receive money for resigning; 
heard that John S, Keller and IMr. Laioer sold theii otHces outright 1299 

how the sale of ofiices is eth cted ; v/irness took the test-oath on assuming his 

oifice... 1300 

laid a knife drawn on him while making a speech 1.301 

LLA I L\ .AUGUSTUS, (colored,) levdmony ol 074,679 

lives in lluntsville ; in December, Ir-GS, was en Major Floyd's i)lantation, in 

Limestone County 674 

beating and cutting with knives of his son Vv'illiam 674, 676 

was compelled to leave his home ; nau.es ot" the parti( s concerned in the outrage, 676 

eleven of them arrested ; all forfeit their bail but three ; these three have not 

been tiled I 676,677 

whipping of Joe Yarborough ; beating ei' witn(^ss's wife and daughter b77 

destruction of his property 1 676, 678 

whipping and shooting of 2dr. Harrison ; man whipped and gashed in Lauder- 
dale county 678 

Blair, Dr., killing of son of 721 

Blair, William, killed, mutilated with knives lol, 146, 674-676, 715, 1205,1268 

Blair, William, whipping of 131,146,074-676 

Blair, Wdlliam S., identitied by Weir 695 

Blakely, Amos, whipping of 1840, 1841 



VI 



INDEX. 



Page. 

Blount County, number of colored schools in 776 

number of outrafres in 134, 774, 775 

strength of Ku-KIux in 742, 775 

list of persons outraged in, (for pages see names elsewhere ;) Edward AUdredge, 
Joseph Dinsmore, Thomas Nation — 3 ; killed in : Lewis Ketchum, Sheriff 
Levi Murphy — 2 ; shot in : Lewis Ketchum — 1 ; whipped in : James Austin, 
Benjamin Horton, James Horton, Liua King, Lewis Ketchum, John F. Mc- 
Dowell, Lina McKiune^^ Mrs. Kiddle — 7. 

Bonds, railroad 11-193-199, 218, 1056-1058 

Bonds^ State, issued since 1865 1055, 1057 

Bone, Anthony, whipping of 929 

Boyce, Samuel, identified by Weir 695 

Boyd, Enoch, killing of 1676 

Boyd, Mr., killing of Mr. Hopper by 1677 

Boyd, Samuel, (Alex.,) and Brown, difficulty between 49, 266, 276, 282, 298,312 

Boyd, Samuel, (Alex.,) solicitor, killing of, 3, 7, 12, 13, 39,48, 57-59, 63,101, 178, 212, 213, 
229, 254,258,265-267, 273, 275, 277, 279, 281, 297-299, 300, 312, 313, 318,333, 44(3, 
.528, 529,555,556, 1170, 1212-1214, 1409, 1419, 1421, 1643, 1842-1844. 

Bradford, James, identified by Weir 695 

Bradford, Jim, outrage upon 1624 

Bradford, Lewis, identified by Weir 695 

Bran, Charles, identified by Fullerlove 1649 

Breathitt, Lucy, rope twisted round head of 17C58 

Brown, Charles, whipping of 1597 

Brown, Danger, whipped, and ears cut off 1595, 1596 

BROWN, JESSE, (colored,) testimony of 860-801 

born in Atlanta; lives in Huntsville; was in the Army 1 86?) 

whipping of witness, and his skull broken, by disguised men 860, 861 

character of the disguises worn ; Scruggs robbed 860 

Browning, Dr., killed in raid on Choutteau's house 1966 

BRUNSON, SIMEON, testimony of i 1999-2005 

lived in Pickens County; left there January, 1871 1999 

a member of the legislature 2002 

is a radical 2003 

what caused him to leave the State 2000 

killing of Mr. Crossland and wounding of his companion.., 2000,2002,2003,2004 

Mr. William Latham, a preacher whipped ; whipping of Frank Carter, a 

preacher, and his son Charles 2000 

whipping of Willie Hargrove, Henry Low, Samuel Low, and Bob Stocksville ; 

all for their politics 2001 

effect upon the colored people of these outrages ; has received Ku-Klux letters 

warning him to leave the country 2002 

cause of the killing of Mr. Crossland 2003 

no one but republicans whipped 2004 

Bryan, Mr., killing of 1677 

Bryant, Mr., whipping of 610, 9ol 

Buchanan, James, compelled to leave home 127 

Burke, Richard, killing of, 334, 335, 346, 349, 351, 998, 999, 1460, 1578, 1579, 1596,1597, 
1607, 1632, 1633, 17,37, 1775, 178J, 1798, 1807, 1808, 1812, 1821, 1944,1964 
Burning of school-house and churches, 236, ,533, 754, 755, 776,.932, 1006, 1010,1011,1014, 
1025, 1026, 1043, 1046,1064, 1067, 1095, 1098, 1099, 1138, 1269, 1288, 1363, 1548, 1614, 

1655,1731, 1739, 1889, 192U 

Burnes, Mr., killing of Mr. Strange by 65d 

Burnes, Mr., killing of 658,659 

Burton, Jeff, identified byChilders 1720 

Burton, Pierce, severely beaten 5, 46, 55, 290, 1052 

Bush, Hezekiah, whipping of 152,931 

Bush, Martin, whipping of. 5^62 

Bush, Simon, whipping of 133, 151, 152,862, 931 

Busteed, Judge Richard, boast of, 1155, 1156; suits for treason before 1415 

BUSTEED, RICHARD, testimony of.. 320-330 

United States district judge of Alabama , 32U 

held first court in Alabama in 1865 o24 

appointed in 1863 by President Lincoln 3'J4 

disguised men, operations of 320, 321,323, 324, 3-J5 

riot at Eutaw, Greene County 327 

trial of Eutaw rioters 327 

execution of the laws, &c 320,324, 326, :v^7 

Ku-Klux law of Congress 321, 322, 329 



INDEX. 



VII 



Page. 

BUSTEED, RICHARD, testimony of—Continued. 

murder of Judge Charlton 30.' 

character of Rev. A. S. Lakin 3'25, 

report of graud jurors of middle dit^trict of Alabama ol"'* 

article from Selma Times in relation to report of grand jury I>J'J 

BUTLER, JOHN M., (colored,) testimouyof lOlU-Kil^J 

resident of Tuskegee, Macon County; a minister of the Methodist Church lo<j] 

particulars of the attack on James 11. Alston lOUl-lUDO, 109-1, 1096, 101*7 

church fired into ; Andrew (iJeary and Abram Moss killed ; Columbus Mitchell, 

Felix Wright, Adam Goshe, and two others wounded J09'2-10'J4 

two churches burned ; republicans not safe in advocating- their sentiments, 

1095,109.^, 1099 

intimidation of voters 1095, 1097 

no arrests for these outrages ]o9t> 

the leading colored men have left the county 101>7 

C. 

Caldwell, Sam., killing of 0, 2G5, :273, 1789, 1795, 179(), >^il 

Ciilhoun County, outrages in 11()'2, llfO 

outraged in : Mr. Crook ; killed in : Tony Cliff, Cipsar Frederick, William 
Hail, Berry Harris, Essex Hendricks, Williiim C. Luke, Ben Suodgrass, 
Bob Thonipson — ; whipped in: fScott Griliin, Dick Hays — *2. 

Campbell, Lem, shot and throat cut 1;:.:J4, KUil-loGo, 1.SG9, lr>o, 190-2, 191:3 

Campbell, ]Mike, killin<^ of I'.SIU 

Campbell, Ri-becca, raid on house of 917 

Campbell struck on the head with gun 947,9r)i> 

Campbell, William, killing of VSA, 119, IKVi, IKil, J197-1 199 

Camp-meeting broken up 731 , 734, 7ll'», 758, 759, 7t)<* 

Card of r, .h Clover in the Marengo Journal j.jll 

Car})enter, James, killing of !>, '277 

Carpenter, John, killing of 277 

Carpet-baggers *23:'>, 2(i3, 74(;, 7-1-7S3, ^^7, .^hs. ^91, l:i94, ]i\i\-2, 1705, 1710, \>\{], l^-^S 

1S()0, ]i)42, n> j 

(,'arter. Charles, wliipping of 

C'urter, Frank, whipjung ot ijt;<)j 

( ate, ►Sanmel, killing ot 140, 207, 42"-, 4.')1 

C;tvahy, the Black 112(3, li:>) 

Cliaml)ers County ; republicans unsafe in expressing their })()li;ieal si-utiments lu^v*5 

killed in: America Tramblies — 1 ; shot in: America Tranddics .son — 1 ; outraged 
in: George ^looie, Rolunt Roundtree — 2; wliii;j)ed in : Jordan Wright — 1. 

Chapman ^ ^i? ' ., vi i. ittu i4ind insulted 1519, 1530, 15:U 

^lAPMAN, REUBEN) Jr., testimony of 1940-11^)3 

^-^oiisiiientof Livim^^ ; u lawyer ; solicitor of the county 194<» 

wasnrnnrnrntcderate arniy ; tkvorcd s(*cession 1943 

contradiction of Judge Luther R. Smith's testimony, as to the witnesses in 

the Choutteau arson case being killed 1940, 1941, 1953 

county as quiet and oiderly, for twelve months past, as ]»efore the war; a 
great deal of stealing of srock by the freedmen ; nu intiuiidatlon to compel 
the iii>^roes to vote tue democratic ticket ; accounts for the large number of 

ne£:j:Q£^j IUllLU: ' J^^^ tR'kei : •, . .v . ■■- r .rr.~r:'. 1941 

parties elected to county (*riices in I'-G*' ; ail carpet-baggers except Daniel 

Price ]942 

negro whipped by colored Ku-Klux...%. 1942, UH.--. 

preparation of cases, by the solicitor, for the grand jury 1943 

killing of Richard Burke Ili41 

Jaspei Alexander taken from jail and hung 1994, 1945 

Prater released from jail by a body of armed men J945 

Zeke High taken from jail and killed „ 1945, 194;; 

killing ot Coblentz, and attack on Dr. Choutteau's house 1940, 1947 

dihiculties >u detecting these bands of disguised men 1947, IJ..^ 

kiiows of no white man engaged in these outrages having ever been dis- 
covered and brought to justice. ..h 194^, 1949 

negro killed by Mr. White; killing of Henderson Young's son; shooting of 
Enc eh Sledge and (ii orge Houston ; Isaiah Hunter killed and his house 

burned; kihing of Jerry e lark by Prater ; Yankee Ben killed I'JVJ 

whipping of xVuianda Chikiers by Mr. Jones U^'!) 

steps taken for the purpos'? ol stop})ing these outrages 195u, L'-i 

cli'eet upon tht^ negiots of Ku-Klux outrages; emigration to Kansas talked of. 1951 

iiet doni of ])olitical oidnion 1951, 1952 

Chapman, Ruth, whipping of <j;jl 



VIII 



INDEX. 



Chambers County, number driven from^ 1046 

Ku-KIuxiu 1J21 

Character of A. S. Lakin, contained in certain letters laid before the committee by 

its chairman 810-81-2 

Charles, Orlando, raid on house of 1478, 1479, 141>7 

shooting of wife of 1478, 1479, 1497 

Charlton, Judge, character of , 1170 

iiilling of 132,325, 610, 611, 777-780, 1211 

raid on house of ; 774 

CHERRY, C. S., testimony of. 70-77 

resident of Alabama since 1839 ; native of South Carolina ; left Alabama from 
fear of his life 70 

now clerk in Census Bureau 72 



taught school in Alabama ; left Alabama in November, 1870. 



72 



republican in politics 71 

disguised men, operations of 77 

old colored man killed 70,71 

freedom of political opinions 71 

republicans threatened and in danger 70-76 

colored men molested 74,75 

white men generally armed, and colored men partially armed 75 

Childers, Amanda, whipping to death of 1722-1724,1733,1734,1950,1960,1061 

Childers, John, struck on the head with gun 1719,1721,1697-1899 

CHILDERS, JOHN, (colored,) testimony of. 1719,1728 

has lived all his life, 42 years, m Sumter County ; cannot read or write 1719 

was attacked in the fall of 1870 by three men, and struck over the head with 

a double-baireled gun ; nothing done in the case by the grand jury 1719 

names of the r|bn who attacked him 1720 , 

was beaten pretty severely afterward by three men, one of whom, Mr. Lee, is 

now dead; no prosecution 1721 

is afraid to testify to all he kiiiows of outrages committed, as he would be 

driven away ; colored man killed ; nothing ever done with the men who 

killed him 1722 

witness's daughter, 10 years old, whipped, July, 1871, by Mr. Jones, and died 

in ten days afterward 1722,1723,1724 

nothing done with Mr. Jones ; all the witnesses gone except Jane Killens ; 

very common occurrence for colored people to be whipped by white men, 

sometimes disguised, sometimes not; generally for politics 1724 

intimidation of voters 1725,1726 

only radicals that are whipped, &c. ; colored men who vote the democratic 

ticli0t-da-lt -to-buy peace 1726 

Chisholm, William R., testimony before State joint committee to investigate out- 
rages 853,854 

Choctaw county, burnings in 51,58, 1548, 1627, 1871, 18r0 

difficulties in 16 

number whipped in 1335 

number killed in 19:35 

outraged and whipped in: Robert FuUerlove; killed in, (for pages see names 

elsewhere:) Lem Campbell, Mike Campbell, Mike Dunn, Nathaniel Edwards, 

Isham Ezell, William Ezell, Isham, John, Abe Lyon, Thomas Rogers, N. E. 

Thomas, Dud Woodward— 12. 
shootings in : Judge F. M. Hill, Isham, and wife — 3. 

Choctaw, Joe, whipping of 132{^ 

Choutteau, Dr., burning of house of 1595 

character, standing, &c., of 1602, 1603, 1608, 16u9 

losses sustained by - 1669, 1693, 1695,1697, 1698, 1711 

raid on house of.. ..1574, 1575, 1594, 1595, 1598, 1602-1604, 1622, 1G23, 1631, 1632, 16G8, 
1669, 1674, 1693-1698, 1702, 1816, 1817, 1821, 1946, 1947, 1964, 1968 

Christian, Mr., killing of 1971 

CIIRlJsTIAN, ROBERT, testimony of 1558-1564 

resident of Uniontown, Perry County; a lawyer; was justice of the peace and 

agent for the Freedmen's Bureau 155.*5 

native of Virginia; was always a democrat 

laws executed with as much promptness as usual; many acts of lawlessness ; 

chiefly confined to the freedmen ; civil officers almost exclusively republican ; 

general belief that these officers sold out their places 15,' 8 

cites instances 1558, 1559, 1560, 1561, 1563, 1564 

attempt to take a prisoner from the Marion jail aud lynch him 1560, 1562 



INDEX. 



IX 



Page. 

Churches burned.. 140, 236, 533, 755, 776, lOOG, 1010, 1011, 1014, 1025, 1026, 1046, 1064, 1067, 

1095, 109e, 1099, 1 138, 1269, 128e, 1548, 1655, 1889, 1920 
lired into » 1173 

Citizens notified or compelled to leave home 67, 126, 127, 550,700, 724, 866, 929-932, 

1012, 1047, 1097, 1126, 1127, 1172, 1230, 1283, 1328, 1362 

CLANTOX, JAMES H., testimony of 226-257 

resident of xVlabama for thirty-seven years, and of Montgomery for twenty-two 
years ; member of the le|]^islature before the war ; raised sixty-four com- 
panies of soldiers for confederate service; lawyer by profession ; chairnmn 
of dem ocratic State executive committee ; Union %vFiTglhrpoITn'cs~uurir^ 

the war ... .1 . ~\ r. .rrS 226 

native of Georgia 233 

disguised men, operation of, i^:c 229, 240, 2 12, 2.'i3 

disguised men, people opposed to 241 

disguised men, negroes whipped by 240, 242 

election upon rttate constitution ^ 227 

election laws of xVJabama 239,219,250 

feeling of people at close of war 226,227,246 

enforcement of the laws 244 

negrocti hung at Tuscumbia 22 J 

negroes who vote democratic ticket 228,229,246,247 

negroes, promise of lands and mules to 238 

negroes, sale of painted stakes to 23S 

negroes, rapes by 242 

negroes, general conduct of 242 

negroes, outrages upon whites by 23'). 242 

negroes, edueation of 234, 2 2 19, 2^2 

negro sufiVage 226, '^5' , 2.',(*) 

colored school-houses and churches burned '^.>> 

general anniesty, ttc 237, 2 13, "J 19 

northern men, character of, cV:c 231, 'ji/J, •J.>3 

carpet-baggers and scalawags 'S,\\ 

people opposed to reconstruction -l-W 

l>oyd, solicitor of Greriie County, sliut 2'JJ,-:54 

Jim Alston, (colored,) member of the legislature, shot "^29 

Dorman, Methodist preacher, wliipped ■^.;~) 

difficulty at Tatona '^2.>, 

character of Kev. A. S. Lakiu '^3-, ^..r^ 

Northern Methodist Church 

contest lor c^liiee of governor 2' 

State administration 244 

railroad leglslaiion 2 12 

school fund, iSic 227,232,210, 2 i-^ 

relations between the races 252 

concerning Cnion Leagues 229,233,249 

Clark, George A., whipped, shot, and hung 1614, ]r45-]>^4J 

CLAKK, JAMi:^^ B., testimony of 257-264 

resident of Alabama for forty-nine years, and of Eutaw, Greene County, f(n- thirty- 
two years : has been member of the legislature, and chaucellor for middle 

division of tiie State; lawyer ))y profession 2"'-7 

seventy-live years of age 2'U 

execution of the laws 2^7 

security of lite and property 2* '3 

disguised men, operations of, &c 258, 259, 2- U 

disguised men, object and purpose of 259 

disguised men, white men compose bands of 260, 2<1 

disguised men, present condition of organizations of 260 

disguised men, public opinion opposed to 2<"l 

Boyd, solicitor of Greene County, killed 2'.8 

Suoddy killed vr8 

riot at Eutaw, Greene County 2ii 

trial of Eutaw rioters 262 

sympathizers with Eutaw rioters 202, 2(. 3 

no person convicted for Kn-Kiux oiTenses 2»)0 

character of Judge Luther K. Smith 2r»3 

freedom of political opinions '^-63 

carpet-baggers 2' =3 

Clark, Jerry, killed by Prater 1002, 1672, 1738, rJ49 

Clark, John, whipping of 9i>0 



X 



INDEX. 



Page. 

Clark, Mr., driven from home 1323 

Clause, Mr., knocked down and ci* by soldiers 1286, 1408 

Cleburne County, no election in precinct No. 1; in 1162, 1103 

Cliff, Tony, killing of 77 

Clumi, Heurv, killing of 669, 671, 930 

COBBS, THOMAS, testimony of 1620-1 648 

resident of Livingston, Sumter County ; a lawyer ; came from North Carolina 1620 

native of that State ; was in the confederate army ; always a democrat 1643 

knows of no obstruction to the law in either Choctaw or Sumter County 1620, 1642 

Mr. Binns killed by a negro named Jasper 1621, 1629 

the latter afterward taken from jail and hanged ; his killing had no political 

significance 1621, 1627, 1628, 1629, 1631 

Prater, confined in jail on a charge of murder, released.. 1621, 1622, 1629, 1630, 1631,1639 
Zeke High, charged with the murder of Collins, taken from jail and shot ; it 

had no political significance.. 1622,1631,1639 

cases of Cbontteau, Coblentz, and George Houston 1622, 1623, 1631, 1632 

disposition of the freedmen to live in peace and harmony with the whites after 
tlie surrender ; bad feeling between them after the arrival of Rolfe, Hays, and 
Price ; inflammatory address made by the latter during the presidential cam- 
paign; democratic negroes mobbed 1623 

character of Price 1623,1640 

Adam Kennard and Jim Bradford Ku-Kluxed by Price ; Price was arrested and 
forfeited his bond ; Kolfe elected to the legislature ; Hays ran away ; better 

state of feeling since they left 1624 

no intimidation of voters, but the usual canvassing 1624, 1625, 1626, 1645 

the demand for and the supply of labor 1626 

negroes killed 1626, 1633 

Judge Hill shot at ; the county offices burned by an incendiary ; Aleck Hill, 
county treasurer, charged with the burning ; house of Mr. Gilmore, county 
superintendent, burned ; in both cases, money belonging to the county was 

said to be burned 1627 

no arrests made by the citizens or by the officers of the county for the murder 

of Jasper 1629 

no one arrested foi the murder of Zeke High or Coblentz 1631 

Richard Bark killed 1632, l!-33 

negro kihed in July, 1870, in Billy IMcCree's field; no one punished 1633 

Grattan, (white,) killed in 1866; negro on Mr. White's plantation whipped... 1634 

two negroes whipped on McElroy's plantation; negro killed 1635 

Loyal Leai^ue, its extent, &c 1637, 1642, ]()45 

explains what he meant by no obstruction to the law 1637, 16o8 

republican candidates for the legislature did not canvass the county ; one was 
killed, one wounded, the other assaulted ; interruption of the meeting ad- 
dressed by Senator Warner and Governor Smith 1633 

reasons for Major Hays, candidate for Congress, not coming 1638, 1639 

incendiary speeches - 1640, 1641 

general character and political preferences of the negroes 1641, 1642 

mill and other property of Judge Smith burned ; a clerk killed in Greene 

County; Boyd killed ; old man killed 1643 

the democratic convention passed resolutioijs requesting Judge Smith to resign. 1644 

his character as judge 1644, 1645 

cause of alarm and apprehension felt by the negroes in attending radical 

meetings 1615, 1646, 1647 

explanation of Judge Abram's cause of alarm 1647, 1648 

Coblentz, Mr., killing of 344, 1574, 1575, 1594, 1595, 1598, 1602-1604, 1622, 1623, 1631, 

1632, 1673, 1737, 1817, 1946, 1947, 1954, 19()4, 1965 

Cockrell, Mr., struck with pistols 5, 9, 12, 19, 20, 23, 24, 40, 42, 43, 271, 281 

COCKPtELL, WILLIAM E;^ testimony of 42-44 

resident of Eutaw, Greene County; sixteen years of age; was witness at trial 

of Eutaw rioters ; was present when his father was attacked 42 

particulars of attack on his father 42, 43 

Colbert County, killed in, Mr. Kernahan ; outraged in, William Henderson; whipped 
in, Geojge Taylor. 

COLEMAN, DANIEL, testimony of 646-663 

resident of Athens, Limestone County; county solicitor ; native of Athens... 646 

a democrat , 648, 657 

case of Mr. Weir 646, 647, 650, 651 , 652, 653 

adoption of resolution by mass meeting indorsing action of the commissioners' 
court in employing counsel, &c. ; tone of public sentiment as to Ku-Klux 
outrages 648 



INDEX. 



XI 



Pago. 

COLEMAN, DANIEL, testimony of— Contiinied. 

nature and obiect of tbe Kn-Klux 1)41* 

operation of tlie State Ku-Klux law of Dec^^nibcr *^H, 619, 050 

attempts to haiij^ and drown Mr. Weir (ioo-OrM 

lie recognized Mr. Moore. Frank Gibson, Gcorg-e Peace, and Pink Johnson... Gf)!), ()r)4 

tlie standinp" of tliese parties in tlie community Goo-i>r>7 

politics bad notliing to do with these outrao^cs on Mr. Weir; killing- of Mr. 

Strange ])y Mr. Burrns and others in dis^^uise Oo^ 

kiliino- of McKee hy Birdsongf ; operations of disguised men iyoV* 

Ku-Klnx dis^-uisi's, orj^anizations, iScc ()()0-iKr2, C£A, (io."> 

rc'lative ]>aity vote in JJniestone County tH>'> 

colored men vote freely ; no ])rejudice against northern settlers; they are so- 
cially well treated I'd:* 

witness's view as to tlie truth of the preamble to the act of the legislature, ap- 

jjroved 1 )ecem))er 'JO, for the suppression of secret organizations G()-l, (><>.') 

killing of Sam. iScales bv disguised men ; six or eight killed in the last two 

years ' Or.r. 

article from the Athens Post, "The citizens' meeting last Thursdav'" (I(j7, 

Coleman, (iuilt^'rd. killing of J3, 2Tl'>, Ji77, 14(jl>. J7.-.--, 17.-«J, 171)5, l-4--i, 1^*4 I 

Co;U!i;in, J.F.. threatened J4:U, 1 1^5, \ U0 

C0LE:\1AN, JOHN TAYLCE, testimony of lOls-1051 

resident of Demojtolis, Mart'ugo County; mail-agent; hrst on duty !'rom Selma 

to Meiidian, ^Mississippi ; now running friMii Calera to Montgomery 

a cripple: native of \'irginia ; taught a colored school J(!.')l 

was assaultc'i and threatened at Kewaunee station by a man in disguise - ..P)4S. It. 41*, 

]05J,1(5.> 

heard men on tho train say there would be trouble at ^^feridian, and tha< th^y 
were gointr down to help out ; received a thre;itt ning message from disguised 

men, dirtn-tiiig him to stay vu the east side of the Jjigl)ee Iviver J' 4 ' 

left the route Irom ap])reheiision that his life was in danger h o'j 

killing of Fraidc Diggs, (colored,) October or November, ]i7\); no eflort to 

lin(l his imu'derer li * 

outrage lipon witiiess was on account of his repu'olicanisni ; received a threat- 
ening Ku-lvlux letter ]'.j5! 

received notices while t(^aching school ; threats against W. l\. Jones and 
Pierce P>urton, editor of the Southern Kepublican, and rejiublicau nominee 
for lieutenant governor ; the latter severely beaten at I'.uiaw ; received a 
Ivu-lvlux warning to leave in twenty-four liours, and left -tiiree days after- 
ward ; ri publieanism the cause of the outrages 

a eonunon thing for negro tiremen to be whijiped H'oo 

eopv of Ku.-Klux letter received by him l(io4 

Collins, "alleged Kn-Klux, killing of. J;i57, J5ui), J57ii, 1571), I5s(), 15^:^, 15>-:5, lCd5, ]GtJ(>, ioi;7 

Collius, Kernahan ami Haughev kiHed ])y 17'J, 17o 

Colvin, fSanuu'I, killing of. ... 3, tJiiJ, 2(5ii, ^27.5, 301 , ai'.^ :ij;J, :]1H, ' 

Cook, Samuel, whipjung of wife of J'.!(i4 

Conliscati<;n, views as to J>5J 

Constitution, t^tate, election for adopti(m of :J"^7 

Constitution, Stute, objectionable features of -7-2, 14(, 'J 

Constitution, State, opposition to. .o5S, 5*-27, 551-554, oGl , 67>f--^^ J, 'J«i7, 1134, 1 i:i5, 1145. 

1401), b-oO-l-dv; 

Constitutional amendments, popular opinion as to. .605-007. 70:^, 770, S4:>, e44. s l7, 1075. 

P.'-^, 1405 

Coosa County, shot in, Ben. Peushaw^; whijipedin, (for pages see names elsewhere, ) 
John IJaker, Josejih Laker, James Dorman, Zaek Goldthwaite, Dan Murgin, 
(Lushner,) Dick JMartiu, Pig Maxwell, Green iSturdeuay, Smith Watley, 
Jesse Watson, Jerry Webb, Wiley Y\llliams—P^. 

Cornelius, Georye, guns laken from 1I6-, 1J05 

Cotton, seizure of 141(», 1414, 14-J4-14-V>, ICtii 

Courtland, Lawrence County ; light between negroes and Ku-Klux. ..1171,1 17*2, it^'s-:;-PJ-^- 

Courts, State, ])ov,-erless to control Ku-Kiux 5.-;, 9^, 09, 153, 150, 5.. -J 

Cox, Jim Ilemy, ideiitiiied by Blair 07 j 

Cox, William W., aJleged Ku-Klux, identiiied by Poper 0^:^ 

Cox, shooting of J 43'J, G'JO, 7%), 7^0, S'JO, 874, 9(iU 

CKAWFORD, SAMUEL W., testimony of 1150-iJ^3 

colonel Second liegiment of InJantry and brevet major general, United States 

Army ] 156 

came to Alabama in April, 1K)9 ; headquarters at Huntsvilie 1 157 

•whole force in the State three companies 1 156 



XII 



INDEX. 



CRAWFORD, Sx\MUEL W., testimony of— Continued. 

his general action in cases of outrages by disguised men, brought to his notice, 1 157, 1158 

can furnish a statement of the cases reported to him ; the first class consists of 
reports of investigations by officers, with appended documents, for 1869; 
secoud class, applications for military aid, affidavits, statements, &c., from 
civilians 1158 

discussion by the sub-committee as to the admissibility of the documents sub- 
mitted by witness ; Senator Blair objects to their reception 115i) 

outrage upon Dean Reynolds, Morgan County, January, 1869 1158, 1159, 11 GO 

outrage upon George Moore and Robert Roundtree, (colored,) Cherokee County, 
July, 1869. 1160 

skirmish between colored men and the Ku-Klux, Madison County ; disturb- 
ance at Vienna; report, by Lieutenant M. Frank Gallagher, regarding the 
state of affairs in Greene County ; report of Lieutenant James Miller, regard- ^ 
ing the intimidation of voters, De Kalb County 1161 

thinks Judge Dox did not make the statement attributed to him in Aliller's 
report }161 1102 

report by Lieutenant Charles Keller, transmitting certificate of Judge Hunni- 
cutt, certifying that no election was held in precinct No. 1, Cleburne County, 
and the reason rendered by the inspector thetefor ; murder of a negro in Cal- 
houn County ; report of Lieutenant Keller of outrages perpetrated by dis- 
guised men, Calhoun County; affidavit of Diana William.s, concerniug 
her whipping, Lauderdale County, June, 1869; affidavit of G. Cornelous ; 
Ku-Klux taking arms from plantation and searching houses for money and 
arms ; letter from L. M. Douglass ; civil authorities of Madison County ipsuf- 
ficient to check outrages, and asking for troops; witness sent troops S) the 
point where they were required ; affidavit of I)ani(4 Vix, concerning an 
attack upon his house ; statement of Deputy Sherifl Joseph Lee, concerning 
outrages in Lawrence County ; affidavit of James Sanford, concerning the 
murder of William Campbell by disguised men 1162 

letter of Joseph P. Doyle, sheriff of Madison County, asking for military aid to 
arrest certain murderers ; the men were furnished ; the civil officers rarely 
reported to witness 1163 

general character of the civil officers throughout the State; frequent law- 
lessness 1163,1164 

affidavit of E. M. Mulligan as to Ku-Klux outrage in Madison County, July - 
26, 1869 ; affidavit of Mary CampbeH in regard to the murder of her husba'^d, 
William Campbell, by the Ku-Klux; letter from Captain G. H. McLaughlin, 
inclosing statement of Isham Henry, in regard to an outrage upon his person 
in March, and a second visit in August, 1869 1164 

affidavit of Samuel Mastin, in regard to his being robbed of his gun, watch, 
and other property 1164, 1165 

affidavit of Moses B. Sullivan, concerning warnings and ill-treatment received 
by him May 11, 1869, in Marshall County; affidavit of Henry Rivers, in 
regard to his beiug shot by Benjamin Evans, August 23, 1869, Marshall 
County ; had the case investigated and troops stationed there ; affidavit of 
W. C. Stephens, in regard to an attempt to arrest certain parties for disguis- 
ing themselves and forcibly taking a shot-gun ; affidavit of Nathan Meeks, 
in regard to Ku-Klux forcibly entering a house ; the case turned over to the 
civil authorities '; no action taken by them ; politics of the officials 1165 

general disarming of the negroes previous to the election ; riot in HuntsviUe in 

1868 ; young white men generally carry arms 1166 

affidavit of Jack White, in regard to the forcible entry of his house, and tlie 
maltreatment of Tom Hawkins 1 166, 1107 

knows of no instance where the negroes, deprived of their arms, ever obtained 
any legal redress, or recovered their arms or compensation for their value ; 
application ft^r troops from thirty-three citizens of Vienna — nearly all demo- 
crats — for military protection for themselves and property ; troops were sent ; 
application from several gentlemen, asking a change of troops from Ed- 
wardsville to Cross Plains, Calhoun County ; the change was made ; letter 
of Robert Fearn, requesting military protection for the Vienna district 11C7 

the troops sent ; affidavit of John Leslie in regard to his preaching being 
broken up, his being shot, his house forcibly entered, his wife struck, his son 
whipped, &c. ; affidavit of William Blair in regard to violence, whipping, 
cutting, &c., committed upon him. Limestone County, December, 1868; a 
majority of all these caf^es turned over to the civil authorities ; witness's 
letter to the assistant adjutant general, forwarding documents regarding 
disturbances in Blolint County 1168 

character of A. S. Lakin 1168, H60 



INDEX. * XIII 



Page. 

RAWFOKD, SAMUEL \V., testimony of—Continued. 

witnes.s's le tter to the assistant adjutant jjeneral, inclosing letter from Judge 
Haralson, asking the assistance uf troops for tlie civil officers in Blount 
County ; rejj jrt of Lieutenant P. H. Flood, in reference to disturbances near 
Stevenson ; report of Lieutenant Charles Harkins, on the state of affairs at 
Somcrvillp, Morgan County 

thinks ].olitics had but little to do v/ith these disturbances in Morgan County, 
but that they arose from personal and family feuds ; character of Judge 
Charlton; \vitness's report in regard to affairs at Jacksonville; report of 
Liefltenant Ilarkins, in regard to the murder of Sanuiel Boyd, Greene County, 
and on the causes of the disturbances at Eutaw ; report of Captain G. H. 
i\IcLaughliu, in regard to disturbances at Stevenson ; report of Lieutenant 
;M. Frank Gallagher, concerning disturbances at Ashville, St. Clair County.. 1170 

"wonnding of Mr. Springlield ; democratic report of the disturbances at Ash- 
ville; report of Ca])tain McLaughlin in regard to affairs in Stevenson, out- 
rages on John McManman ; uii<^ther in which he stat(\s that his camp was 
tired on, an attempt made to capttire his guard, mob hnv in the county, S^q. ; 
another, regarding the state of affairs at Ashville; anoth.er, relative to the 
state of affairs in St. Clair County; another, relative to the wounding of 
Captain Springlield 1173 

report ot Lieutenant John C. Biiteinan relative to light })et\veen negroes and 

disgnised men, at Courtland, Lawrence County 1171, 1172 

report of Captain McLaughlin in regard to the nuu-derof Mr. Frank Harrison, 
St. Clair County; Lieutenant Bateman's report in regard to Ku-Klux 
depredations in Fayette County, and organization of a counter party, the 
*' Mossbacks," and their encounters ; another, concerning his operations in 
capturing Ku-Klux ; report of Captain McLaughlin conci'-rtiing Ji-ssi- Ingram 
being driven trom home, cVc. ; letter from Judge HaraNoii, ai)j)}} ing for 
troops for De Kalb Count}- ; anonymous letter signed " Many citizens ;" 
affidavits of Sanmel Lawlor and Kobert Barbee concerniui^ Ku-Klux out- 
rages in Avery vilh', Jackson Comity; anonymous communication in regard 
to Ku-Klux outrages, and asking for guards, or arms and annnunition. 
signed "Citizen ;" affidavit of Frank Bell in rtgav<l to violence at his lionse ; 
affidavits of Janjes Bell and Joshua Harris, detailing outrag-'S on i)lantation 
of Houston Bell, Madison County ; report by H. (t. Thomas, sheriff ol Mor- 
gan County, relative to disturbances, tVc, in that county 1170 

letter of Hem. Charles Hays concerning outrages i)i Sumter, (Jrecne, and the 
adjoining counties, and asking that troops be kept in ILutuw till alter the 
election ; lett^'r of Judge De Berr}^ asking that trooi)s be sent at once to Saint 
Clair County; the troops sent; letter from E.G.Barney, asking for one 
hundred men to be sent to Patona, stating the hanging of ^Ir. Luke, also of 
two negro men, two others being shot dead ; troops .sent iuunediately ; ap- 
plication of W. S. McElvain on the same subject ; affidavit of John Mc- 
^ianman concerning outrage upon himself, July 1*2, l^7«l, Jackson County; 
statements of A. D. Bailey, C. I. Sharpe, and E. L. Hesterby, concerning a 
massacre at Cross Plains ; communication of S. Crawford relative to dis- 
turbances at Stevenson; affidavit of Lucinda Ford concerning a Ku-Klux 
outrage upon herself and family, 2»ladison County ; letter from D. L. Daltou 
relative to firing upon a colored congregation ; eleven telegrams submitted 
by witness; affidavit of Willie McGregor 1173 

many cases of lawlessness not embraced in this list; counties of Fayette, Pickens, 
Sumter, Greene, and Choctaw the most troublesome ; the western counties 
the most disturbed of all ; little in Xorth Alabama, and none in the south ; 
general character of the disturbances : as a general rule the sentiment of the 
best men has been to bring these men to justice ; if they would combine 
earnestly they could prevent these outrages ; their disabilities a plea why 

they should not assist in preserving the peace J 17 J 

many outrages have been committed in order to prevent the negroes from 
voting the republican ticket ; knows of no case of conviction for Ku-Klux 

outrages 1175 

thinks troops are necessary to preserve the peace upon the approach of the elec- 
tion, and the reasons therefor ^ 1176-1180 

intimidation of voters ; effect of the presence and action of the military ; they 

have acted as conservators of the peace 1176 

republicans can advocate their principles now a great deal better than ever be- 
fore ; tone of the speeches at Eutaw last year conciliatory and judicious.. 1177 
what is done when troops are sent to localities on the rec^uest of the civil of- 
ficers 1177, 1178 



XIV 



INDEX. 



CRAWFORD, SAMUEL W., testimony of— Continued. 

no foundation for the allegation that troops are quartered upon any community, 

or that its action is controlled by bayonets 1178 

inefficiency of the public officers, and their want of popular confidence 1178-1183 

Union sentiment in Northern Alabama ; relations of the races ; need of troops 

in the State ; no militia raised in the State 1179 

irritation caused by the election lav/ : charges of plundering; by the civil offi- 
cers of the State made very frequently' 1180 

principal cause of discontent upon the part of the democrats of the State thft 

they have net the political control 1181 

views as to disabilities 1181, 1182, 1183 

feeling as to the presence of troops 1177, 1178, 1181 

republican party of the State in favor of the remo^^al of all political disabili- 
ties ; general amnesty the best act that could be done whenever Congfress 

thinks it time to do it 1183 

documents appended to his testimony, (see Documents.) 

Crook, Mr., assaulted, and rope put round his neck 475, 487 

Cross, Flem., killing of wife of j794 

Crossland, M., killing of ... 1750, 1767, 1768, 1851, 1852, 1969-1971, 1980-1982, J991, 2000, 

2002-2004 

Cross Plains, riot at, (see Patona. ) 

Crudip, John, identified by Westbrook 1244 



D. 



DANIEL, SIR, (colored,) testimony of 993-997 

resident of Huntsville now ; came from Stevenson, Jackson County 993 

disguised men came to his house in 1869 993, 994 

house of Lewis Jackson twice fired into 993, 994 

witness's brother whipped; was frequently visited by disguised men 994 

frequent raids on Miles Prior's house : he defends himself 994, 995 

colored man and his wife shot 995 

Miles Prior, Lewis Jackson, and witness put in prison ; prison broken open by 

Ku-Klux ; prisoners taken out and assaulted ; their release by soldiers 995-997 

Daniel, Sir, whipping of brother of 994 

Darling, Alfred, whipping of 416 

Davies, Sam, raid on house of 1973 

Davis, Carr, wounding of 1214 

DAVIS, HUGH N., testimony of 1897-1899 

born and raised in Sumter County ; a farmer 1897 

his account of the assault upon John Childers by Mr. Burton 1897-1899 

Davis, Mr., identified by Childers 1720 

DAVIS, NICHOLAS, testimony of 780-791 

native of the State ; lives in Limestone County ; a lawyer ; was a Henry Clay 
whig; a Douglas man; opposed to secession; since the war a republican, 

and in favor of the reconstruction policy 781 

accepts it because it is the best that the subjected people of Alabama can do ; 

favors negro sujBfrage 780 

voted for Grant against Seymour ; might now vote very much the other way ; 
voted for Governor Smith ; did not vote for the republican county officers ; 

voted for Mr. Dox 789 

is opposed to the organization of the republican party in Alabama 790 

condition of the country in 1868 exceedingly wrong ; there was then a Ku-Klux 
organization ; public sentiment now right ; the democratic party determined 

to put down Ku-Klux 781 

Ku-Klux organization provoked by Loyal Leagues 781,783 

Judge Douglass as a carpet-bagger 781,762,783 

character ot Mr. Shaperd as to veracity 1 782, 790, 791 

in the last two years there have been men who imitated the Ku-Klux to rob and 
thieve, without any politics in it ; the white people of Alabama opposed to 
Ku-Klux ; they despise the idea of Ku-Klux ; Union League a political as- 
sociation .1 783 

character of Rev. A. S. Lakin's speeches, and his personal character 784, 785 

Ku-Klux organization ceased about the middle of 1869 ; its strength in Madi- 
son County in 1868 785 

riot in Huntsville and shooting of Mr. Cox, an alleged Ku-Klux 785,786 

shooting of Judge Thurlow; hanging of Smith 786 

negro whipped 787 

Davis, R, G., confesses as to raids made ^ 544 



INDEX. 



XV 



Page. 

DxVVLS. STEPHEN B., testimony of 1428-1433 

resident of iSliiloh, Marengo County ; a farmer; was a democrat ; changed his 

politics in 18G9 1408 

was a master in United States Navy 1 1'.'O 

democratic press on Ku-Klux outrages ; danger in advocating republican prin- 
ciples 14*23 

intimidation of voters 14'29, 1432 

killing of Kobiu Westbrook 1421), 1430 

no one }>unished for the murder, or for the -whipping of the school -t»^aclier at 

Major Glover's --- 1430 

social proscription of witness on account of his republicanism 1429, 1430, 1431 

appiehensions for his personal safety, because he is a republican and a candi- 
date for tax-collector; received a Ku-Klux letter; has from tour to twelve 
men in his house every night for protection; William 13. Jones interrupted 

in a speech at Sliiloh, 1S70 1 4'M 

DAY, LIONEL \V., testimony of r)9(M;;>5 

was iu the Eede: al Aruiy ; clerk iu the I'uited States district court, and ix 

ojjiciii cou)mi>sioncr Tr'JO 

has lived in Huntsville since February 1^ I'rGG ; was clerk of the court ; a 

lawyer r>9."> 

voted the democratic ticket last fall; registered in October, ISTO ; had doubts 

as to the construction of the oath embodied iu the State constitution ()(!4 

his views as to sntiVage tin.") 

voted for Mr. Lincoln GOJ 

was in the post-olfice in Montgomery , Gi;? 

delegiito tv) congressional convention ijl'i 

arrests Holseap})le. I^indsay, and ^Malone for outrage upon William Henderson; 
presents the evidence taken in the trial; the parties acquitted upon proof of 

an ahhi ; character of prosecutor was proven to be bad .")''! 

gener;d disj)ositi<)n for the maintenance of law and order 591, "fl- J 

condition of Northern Alabauia during the war .jJ2 

no tnmble in j)rocuring convictions for any offense where the case is iairly 

made out 593, oDi 

the general sentiment opposed to Ku-Klux organizations, shared in by men of 

all })olitical parties 593, G22 

geueral treatment of northern immigrants 593, G(>7, (!U^, G19, Gt:0,t;21 

freedom of political opinions 593, 594, CV7 

Ku-Klux outrajfes not political 591, tii 1 

character of Kev. A. S. Lakin 591, 595, GI2, G13, GI5>G]9, G2 l-GOj 

charactt r of Calvin Goodloe, and his testimony in the Henderson case 59,"-.' 

character of the disguises worn 597, 5'.'8 

knows of no conviction of a Ku-Klux 59**, •ii7 

thinks Ku-Klux organization did not exist in Northern Alabama in December, 

ISGS. but that it was disbanded in the summer of li^G^ 59S, 599, (iOO, Goj,G2I, G22 

Ku-Klux in Huntsville, and shooting of Judge Thurlow 599, ()02, G14, Gl"^ 

his opinions as to the charges against the Ku-Klux made by the republican 

press - G01,G..4 

and as to tlie objects and necessity of the organization -.002, Gu3, G12, G17, G22, G24, 0^7 

democratic view of negro suffrage (i!j5 

of the fifteenth amendment Gu5 GOG, (m'7 

General Blair's letter to Colonel Brodhead GiiG 

and the "new departure" COG, Cl.7 

killing of Luke and four colored men in Saint Clair County ; attempt to drown 

or hang Weir C(>9 

raid on jail in Limestone County; wlnpping of William Bryant ; disturbances 

in Morgan County; killing of Fenelon Kaglen GIO 

killing ot Judge Charlton GIO, <;!l 

whipping: of a man and hanging of Smith in Lawrence County «itl 

killing of Mr. Burbee; Mr. Lakm's house shot into i',l'> 

iuethciency of the judiciary 017, GI S 

shooting of two men in Huntsville on the night of the riot Gl'i 

John B. Callis elected to Congress by aid of the Freedmen's Bureau ^y^') 

condition of the country under military rule, and the provisional government.. C2i; <>^2 

origin ef the Ku-Klux organization -. GJ2 

divisions in the Methodist Church G'j3 

cause of Colonel Van Valkenburg's dismissal from the Arniy </j7 

Senator \\'araer's pers(niai an-l j-nblic cliararter t;27 

record oi' tij;- evidence in the trial H<>l>eappie, Lindsay, and Malone G2>-C;'.5 

De:;t, State 977-97 J, JU55-iu57» Mil, 1417, ]41rt, i-iJ4 



INDEX. 



Page. 

De Kalb County, intimidation of voters in 1161, 1191-1193 

Dew, Henry, shooting of 1789, ]790, 1796 

Diggs, Frank, killing of -.375, 393, 394, 1050, 1325, 1328, 1329, 1433, 1439, 1440 

Dinsmore, Joseph, shot at - 7r>6 

Disabilities, probable effect of general removal of 560, 1181-1183, 1288, 1289, 1858 

Dissatisfaction caused by bad government 817,962,964,965,96^ 

DOCUMENTS appended to the testimony of General S. W. Crawford 1184-1-242 

instructions by General Terry to General Crawford Ild5 

letter to Colonel J. H. Taylor, assistant adjutant general. Department of the 
South, forwarding documents in the case of Dean Reynolds (colored) vs, 

Ku-Klux 1185 

appended: Report of Lieutenant Keller, note from Judge Ford, affidavit of 
Dean Reynolds, and appeal of General Crawford to the governor of the 

State; also, his excellency's reply thereto 1185-llb7 

reports regarding outrage upon George Moore and Robert Roundtree, (colored,) 

citizens of Alpine, Georgia lib' 

appended : Affidavits of Cynthia Bryant, Rina Barry, (colored ; ) statement of 
George Moore, (colored,) affidavit of Joshua L. Belote, (white,) and state- 
ment of John Hamilton, (white) 1188-1190 

Captain G. H. McLougblin reports arrival of Henry Evans, and statement 

regarding skirmish between colored men and Ku-Klux 1190 

Captain G. H. McLoughlin reports result of investigation of disturbances at 

Vienna 1190-1191 

Lieutenant M. Frank Gallagher reports regarding state of affairs in Greene 

County, Alabama o 1191 

report regarding intimidation of voters 1191-1192 

appended: List of registered colored voters and votes cast in De Kalb County, 

Alabama; affidavits of John Stewart and Isadas H. Davis 1192-1193 

Lieutenant Charles Keller's letter transmitting certificate of J udge Hunnicutt . . J 1 93 
appended : Certificate of Judge Hunnicutt certifying to the fact that no elec- 
tion was held in precinct No. 1, Cleburne County, fifth congressional district 

of Alabama, and giving reason rendered by inspector therefor 119: 

Lieutenant Charles Keller reports the murder of a negro, and measures taken 

to arrest the murderers - 1193-1194 

Lieutenant Charles Keller reports outrage perpetrated by disguised men 1194 

affidavit of Diana Williams concerning Ku-Kliix outrages 1194-1195 

affidavit of G. Cornelius concerning Ku-Klux taking arms, &c 1195 

letter of L. M. Douglas, judge of probate, requesting that troops be sent to 
certain localities ; states that the civil authorities are unable to preserve the 

peace 1195-1196 

affidavit of Daniel Vix concerning attack on his house 1196 

statement of Deputy Sheriff Joseph Lee concerning outrages in Lawrence 

Comity. 1196-119' 

affidavit of J. Sanford concerning the murder of Louis Campbell by disguised 

men 119' 

letter of J. P. Doyle, sheriff of Madison County, asking for military aid to 

arrest certain murderers, &c 1197 

Mulligan, E. M., makes affiduvit regarding Ku-Klux outrage 11 98 

affidavit of Mary Campbell concerning the murder of her husband 1198-1 199 

letter of Captain G. H. McLoughlin inclosing affidavit of Isham Henry -.1199-1200 

affidavit of Samuel Mastin concerning robbery by Ku-Klux 1200 

affidavit of Moses B. Sullivan, minister, concerning ill-treatment received from 
Ku-Klux, (see testimony of A. S. Lakin, page 146.) 

affidavit of Henry Rivers regarding his being shot by Benjamin Evans 1200-1201 

affidavit of W. C. Stephens concerning attempt to arrest W. M. Evans and 

others 1201 

affidavit of N. Meeks concerning forcible entry of his house by Ku-Klux 1201-1202 

affidavit of J. White concerning Ku-Klux outrage 1202 

petition of thirty-four citizens of Vienna for military protection for themselves 

and property 1203 

petition of \V. R. Hunnicutt, judge of probate, and twelve other citizens of 

Cleburne County, Alabama, for military protection 1203 

letter of Robert Fearn requesting military protection for Vienna district 1204 

affidavit of J. Leslie concerning Ku-Klux outrages 1204 

affidavit of William Blair concerning Ku-Klux outrages 1204-1205 

S. W. Crawford's letter to assistant adjutant general. Department of the South, 
forwarding documents A, B, C, and D, regarding disturbances in Blount 
County 1207 



INDEX. XVII 



DOCirMENTS appended to the testimony of S. W. Crawford— Continued. 

appended : Letters from A. S. Lakin, A. B. Watson, W^illiam Shepard, and 

F. W. White ' 1207-1-209 

S. W. Crawford's letter to assistant adjutant general, Department of the South, 

in regard to civil affairs 1209 

appended : Letter of J. W. Haralson, in regard to civil affairs in Blount 

County, requesting troops, &c 1209-1210 

Lieutenant P. IL Flood reports result of investigation of disturbance at Ste- 
venson, Alabama 12](t 

Lieutenant Charles Harkins reports result of investigation of disturbance at 

Somerville, Alabama 1211 

S. W. Crawford reports regarding state of atfairs at Jacksonville, Calhoun 

County 1211-1212 

Lieutenant Charles Harkins reports result of investigation into the murder of 

Saiiiuel Boyd, late solicitor of Greene County, Alabama i212-]2r> 

appended : Statements of Sheriff Cole, A. A. Smith, circuit clerk, S. B. Bown, 
county assessor, copy of testimony before and proceedings of coroner's 

inquest \ 1213-121 C 

Lieutenant Charles Harkins reporting cause of disturbance at Eutaw, 

Alabama 12K)-12!7 

Captain McLoughlin's report regarding disturbances at Stevenson, Alabama.. 1217 
Lieutenant Gallagiier's report regarding disturbances at Ashville, Alabama 1217-1211' 

appended : Affidavit of Charles A. Kitchey 1219-122<' 

Captain McLoughlin reports regarding outrage on J. McMannan J22<' 

Captain McLoughlin reports that his camp has been fired on ; civil law a dead 

letter ; ex-Union soldier living in his camp for protection 1221 

appended : Affidavit of Colomay Smith 1221 

Captain Mcl-^oughlin reports regarding state of affairs at Ashville, Alabama 1222 

appended: Letter from Judge DeBerry requesting that the town he place! 
under martial law. Affidavit of W^illiam Starkey concerning Ku-Klnx out- 
rages 1222 

Captain McLoughlin reports regarding state of affairs in Saint Clair County.. 122*' 

Captain McLoughlin reports the shooting of Mr. Springfield I22*> 

Lieutenant Bateman reports regarding fight between negroes and disguised 

men at Courtland, Alabama 1223-1224 

appended: Statement of Mr. Baker; joint statement of Messrs. Foster, H. 

liaker, Mr. Phalen, and Mr. Simmons. Diagram of scene of action 1224-122^ 

Captain McLouglilin reports regarding the murder of Mr. Harrison 1229 

Lieutenant Bateman reports regarding disiurbauces in Fayette County, 

Alabama 122i* 

Lieutenant Bateman reports action in assisting civil officers 122U-123'' 

a[>pended : Affidavit of F. M. Treadaway, sheriff of Fayette County, Alabama. 1230 

Captain McLoughlin reports the shooting of Jessie Ingram 123(t 

Judge Haralson applies for troops for De Kalb County, Alabama 123! 

S. Lawler and R. Barber, affidavits legarding disguised men 1231-1232 

Frank Bell's affidavit regarding Ku-Klux outrages 1232 

James Bell and Joshua Harris, affidavit regarding Ku-Klux outrages 123^'. 

H. G. Thomas, sheriff, reports that he nui^t resign or suspend business 1233-1234 

C. Hays, member of Congress, letters regarding murders, c^c, in Suniter, 
Greene, and Tuscaloosa Counties, Alabama 1234 

Judge DeBerry, requesting troops for Saint Clair County, Alabama 1234-123r> 

E. G. Barnes, requesting at least one hundred troops for Patona, Alabama... 1235 

W. S. McElwftin, requesting troops for l^itona, Alabama 123," 

J. McMannan's affidavit regaroiug outrage on him 1235-123^' 

A. D. Bailey's, C. 1. Sharp's, E. L. Hesierby's statements concerning dis- 
turbance at Cross Plains, Alabama \ ]23r>-12!> 

S. Crawford, requesting garrison for Stevenson, Alabama 123b 

Lucinda Ford's affidavit concerning Ku-Klux outrage 1239 

D. L. Dalton, Ibrwarding letter of W. B. Bowen I23;f 

appended letter of W. B. Bowen concerning firing upon colored congregati(jns. . 124i; 

telegrams to General Crawford from various parties 1240-1242 

Affidavit of Willie McGregor 1242 

Documents referred to in testimony of John Van Valkenburg 80]-^S09 

Dormau, Jauies, (Isaac,) whipping of 128, 155, ]()2-lG4, 151,211,234 

Dougherty, , killing of 921* 

Dougherty, William, character of 10G4, 1005, 107(^ 1106. I HP 

Dougherty, William, shooting of 1023, 1024, 1032, 1002, 1U04, lOH.'. 

II-— A 



XVIII INDEX. 



Page. 

DOUGHERTY, WILLIAM, testimony of 1022-]042 

reRideiit of Opelika, Lee County ; native of Georgia ; lived at Tuskegee June, 

1870 ; assistant marshal to take the census of Macon County 1022 

a republican 1031 

outrage upon J. H. Alston, (attempted assassination,) and its effect upon the 

republican party of the county 1023, 1031 

particulars of the shooting of witness 1023, 1024, 1032 

hung in effigy 1024,1037 

thinks J. S. Smith was the man who shot him 1024, 1032, 1033 

republican meeting in October, 1870, interrupted, and speakers insulted . . 1024, 1027, 1034 

Zion church fired into; two negroes killed and five wounded 1021, 1025, 1034, 1035 

no efforts made to ascertain the perpetrators 1025 

nearly every colored church and school-house in the county burned in the fall 

of 1870 1025,1026 

relative^arty vote of Macon County 1026, 1028, 1030, 1039, 1040, 1041, 1042 

insecurity felt by republicans 1026 

intimidation of voters 1026, 1028, 1035, 1036, 104(1 

attempts to prevent republican meetings being held 1027 

the democratic paper at Tuskegee reported several of these outrages, and 

charged them upon republicans ; its tone as to Ku-Khix outrages 1028 

case of James H. Alston, and his character and standing 1029, 1036, 1037 

disclaims having made the statements testified to hy Alston 1029, 1030 

witness indicted and tried for murder of Timothy Davis, in 1868, and acquit- 
ted 1030, 1031, 1037, 1039 

J. H. Hodnett shot at for being a republican 1033, 1034 

has frequently received Ku-Klux letters ; their purport 1037 

believes there was a Ku-Klux organization in Macon Countj^ in 1870 ; mani- 
festation of feeling on part of the democrats on account of his activity in 

the election of 1870 1038 

grand and petit juries generally Composed of democrats 1035, 1039 

alleged causes for the burning of schools and churches 1039 

contested-election case of Norris vs. Handley 1040, 1041 

Douglass, , killing of 428 

Douglass, Judge, as a carpet-bagger 781-783 

DOX, Hon. PETER M., testimony of 428-462 

resident of Huntsville since 1854 ; member of the present Congress and of 

Forty-first Congress ; a farmer 428 

reared in Ontario county. New York 454 

execution of the laws 428,453,454 

disguised men, bands of, &c 431,432,442,443,444,446,450,451,452,459 

disguised men, ptirposes of..* 432,444,445,451 

disguised men, palliation of acts of 457 

election laws 435, 453 

freedom of political opinions - 429, 430 

negroes, promises made by radicals to 435,445,459,460 

negroes voting democratic ticket. - 434, 435 

difficulty at Patona, (cross-roads) 428,429,445,456 

law of Congress in regard to Ku-Klux 458 

no convictions for Ku-Klux outrages 458 

killing of Ben. Snodgrass 428 

killing of Bob Thompson 428 

killing of Ragland 428 

killing of Douglass 428 

killing of Cate 428,451 

killing of James H. P. Wright 433,451 

killing of Boyd, solicitor of Greene county 444 

killing of Ned Larkin and brother 451 

hanging of Luke 429, 445 

shooting of Cox 432 

• shooting of Judge Thurlow 432,442,452 

whipping of Mr. Harker 451 

concerning Rev. A. S. Lakin, 430, 433, 434, 438, 439, 440, 446, 447, 448, 449, 451, 458, 460 

firing into house of Rev. A. S. Lakin 441 

opposition to reconstruction, &c ^ 435,446 

general amnesty 437, 455 

rapes by negroes 446 

taxation in Alabama 461 

concerning Union Leagues 432 



INDEX. 



XIX 



Page. 

DRAKE, CHARLES L., testimony of 1545-J550 

resiileiit of Deniopolis. Mareugo eoiiiity ; register in chancery; ^Yas circuit 

clerk ; was connected with the Freed men's Bureau 1545 

came to the »*^tate in April, l^GG 1550 

was insulted at Linden by the crowd assembled to hear Dr. Jones speak; 

interruptions of the nieetinfy while Dr. Jones was speaking 3540 

ciiaracter of Jones's speech ; the colored people at the meeting wore quiet and 

orderly 3547 

unfriendly feeling toward republican otfice-holders 1547, 1548 

social ostracism ; unfriendly feeling toward colored schools ; whipping of 
Neifeling; two school -houses and a church burned in Choctaw County : the 
county, until within a year, exempt from cases of violence, but within the 
year such occurrences quite frequent ; no one punished lor outrages upon 
the negroes ; riot at Shiloh ; Robin Westbrook killed ; riot at Linden, and 

whipping of Neibling 1548 

outrages common in Choctaw, Sumter, Greene, and Hale Counties; no earnest 
efforts made to dif^cover and punish otienders ; discrimination in the admin- 
istration of justice on account of color and political opiniou; intimidation of 

voters 1540 

opinion as to whether the negro is fit to vote 1550 

Dunlap, Frank, i'lentilied by Reynolds IJHt) 

Dunn, :Mike, killing of 1^60, 1361, 13(i5, 1054, 1901, ]9]i>, 1913, 1918 

Dunn, >(i>rris, identified by Fullerlove 1G40 

Dunn, Squire, driving utf of negroes of 1\?>S 

Duskin, George M., received Ku-Klux letters 1*J*J5 

E. 

ECHOLS, HOWELL, (colored,) testimony of 957-9i;i) 

lives in Huntsvillc ; presidins: elder of the Methodist Church 957 

details the history of the Methodist church over which he was pastor; its 

building, transfer, &c 957-900 

EDWARDS, DRURY RECBEN, testimony of 1923-1933 

resident of Choctaw County 19"23 

statements of witness relative to his fox-huMt with Morris Dunn, accused of 

whipping Robert Fullerlove 1923-1927, 1930, 1931 

his knowledge of the Ku-Klux organization, their purpose, A:c 1927-1930, 19;i2 

Edwards, Nathaniel, killiugof 102, 1919 

Election laws, chaiacterand operation of l>5, 1S6, 209, 239, 249, 250, 35:^, 3G7-3()9, 379, 

3^0, 384, 402, 453, 503, 521-524, 555, 5(3J, 905, 900, 972, 973, 1 1^0, lS,-8. 18c9 

Elections, character of 1081. 1"^02, 1803, 1957 

for governor.. 181-184, 192, 193, 210,217, 301, 362, 370, 379, 396, 397, 497-501, 51 1-518 

fraiids 1150-1152,1402 

Elkins, Wash, identified by Weir 1244 

Emigration 1400, 1050, 1712, 1739, 1951 

ENGLISH, WILLIAM H., testimony of 1433-1441 

conductor on the Selma and Meridian railroad for ten years 1433 

native of Georgia 1430 

was on the train when Diggs, a rontt-agent, was killed ; circumstances con- 
nected with the killing ; Robert Eustick tuld witness that he intended to kill 

Diggs, and afterward that he had killed him 1433, 1439, 1440 

witness reported the facts to the post-ofiice department in Selma, to the re- 
ceiver and superintendent of tlie road, and to the United States deputy mar- 
shal ; nothing done in the case 1433, 1434 

the advice he gave Coleman, the successor of Diggs ; Coleman was threat- 
ened , 1434,1435,1440 

John Hardy, conductor, forced to give up his position by disguised men ; 

think they acted purely in the public interest 1436 

negroes arrested in Sumter County by the Ku-Klux, the train stopped, 

negroes put on board and taken to Livingston jail 1437 

reasons for witness's discharge from the road 1430, 1437 

Loyal League and Ku-Klux organizations 1437,1438 

Meridian riot 1439 

miscegenation 1441 

Etheridgc, J. S., shooting of 1070 

Eustick, Robert, killing of Diggs by - 1433, 1439, 1440 

Eutaw, lioL at. .4, 5,9,10,14, 15,28,29,41,44,45,02,^:0,81,90.100,101,221,261,208-271, 
279, 2S1 , 284, 285, 296, 301. 302, 307-310, 312, 315, 317, 319, 327, 338, :140, 348, 

349, 354, 423, 1 170, 1784, 1904 



XX 



INDEX. 



Pago. 

Eiitaw, trial of rioters at 12,10,37,51,54,83,105 262,280,317,327,1410,1414,1840 

Evans, Benjamin, shooting- of Henry Rivers by J 105 

Evans, Prince, whipping of I45y 

Evans, Willis Monroe, killing of 1190 

EzeU, Isham, killing of 1361,1364,1655, 1918 

Ezell, William, killing of 1267, 1869, 1885, 1901, 1912, 1913 

F. 

FALKNER, JEFFERSON, testimony of 1114-1125 

resident of Montgomery ]J14 

a lawyer 1115 

a democrat ; native of the South ; a minister of the Gospel ; was in the con- 
federate army 1121 

shooting of Americus Trambles 1114,1115, 1117,1116 

thinks diligent search was made to discover the perpetrators 1115, 1120 

and that they were from Georgia J116 

^killing of a negro at political meeting in La Fayet-te, by the marshal.. 1116, 1123, 1224 

character and standing of Trambles ; mixed churches 1119, 1120 

no Ku-Klux organization in Chambers County; some disturbances in Talla- 
poosa County, by disguised men, and their object ]121 

social standing, &c,, of Mrs. Randall 1115, 1118, 1 122, 1 123 

Fayette County, strength of Ku-Klux in 547 

negroes driven from 55O 

Ku-Klux operations in 1172, 1752 

terrorism in J294 

convention of disguised men in , 1763 

whipped in : Mr. Fowler, Mr. Tidwell, Mr. Wooley — 3. 

outrages in : Sheriff Treadway killed in ; Rev. Mr. Johnson shot in ; Mr. Tra- 

wick : 

Fearon, Elliott, killing of 930 

Feeling between whites and blacks . . 252, 335, 353, 356, 371 , 550, 562, 909-91 1 , 970, 931 , 982^ 
nil, 1113, 1144, 1179, 1288, 1320, 1350, 1372, 1373, 1410, 1411, 1661, 1662, 1681,' 

1705, 1707, 1766, 1770, 1995, 1960 

toward northern settlers and radicals 841,842,684,936, 1374, 1422, 1542, 1547, 1548 

1858, 1920, 1979, 1980, 1992, 1993 

toward United States Government 339,353,406,768,825,826,850,851,1287, 1288, 

1409, 1817, 1824-1827, 1850, 1859, 1864, 1865 

FENDERSON, SHEPERD, (colored,) testimony of 1395-1405 

lives in Marengo County; a farmer; killing of Robin Westbrook 1395, 1404 

Mrs. Westbrook's views as to who killed him, &c 1395-1397, 1403 

character, standing, &c., of Westbrook 1397, 1398, 1400, 1403, 1404 

general opinion that the cause of his death was the beating of Dr. Smith in a 
lawsuit; thinks Di'. Smith was not shot at, and his reasons therefor .. ..1398, 1399, 

1400, 140.3 

negroes whipped and made to confess the shooting 1398, 1399, 1404 

cause of Dr. Smith's lawsuit ; he was believed to be in the raid upon West- >• 

brook 140} 

Richard Lewis whipped 1399, 1402, 1404 

general opinion that the boys in jail for firing on Dr. Smith were innocent, and 

that Lewis gave their names to save his further whipping 1402 

intimidation of complainants 1404 

intimidation of voters 1404, 1405 

Few, Ignatius A., raid on house of 1081, 1100-1102, 1144, 1147-1149 

FEW, IGXATIUS A., testimony of 1080-1085 

resident of Opelika, Lee County ; a butcher ; lived in Russell County ; was ^ 

a teacher there of colored schools 1080 

native of Georgia 1083 

his house attacKed July 19, 1869 ; twenty-two stones thrown through the win- 
dows, and room fired into several times ; was afraid to call upon the sheriff 
and county solicitor, because he believed they weie in sympathy with the 
attacking party ; thinks the object of the assault was to break up the school 

and get him out of the way 1081 

his republicanism the cause of the outrage 1081,1084 

thinks the citizens were opposed to colored schools ; intimidation of voters ; 

was frequently threatened 1082, 1083 

names of the parties who, he thinks, attacked his house 108^^, 1084 

they are all democrats ; left Russell county on account of apprehension of 

danger 1084 

charged with trying to create social equality.! 1081, 1084, 1085 



INDEX. 



XXI 



Page. 

Finances, State and county 962,963 

Fhil«y, Mr., killing of I75J, 17CS, 185*2, 197J, 1^72 

Force, Lewis D., testimony in trial of Patona rioters as to Ku-Klux 79,92.96, 100,465, 

467, 468, 473, 474, 482, 484 

Fletcher, , shooting of ]284, 1482 

Ford, Lucinda and family, outrage upon 1173, 12Z'J 

Ford, William, whipping of 680,68J/J2B 

FOKD, WILLIAM, (colored,) testimony of 679-686 

lived in Madison County in the fall of 186H 679 

was in the Army three weeks 680 

whipping of witness by disguised men 680,681 

whipping of George Lawler for being a republican 681 

whipping of Wesley Vincent ; no one ever punished for these whippings ; 

intimidation of voters 6t2 

colored people nearly all deprived of their fire-arms 683 

Loyal Leagues, operation, teaching, c^c, ol 683-686 

FOKNEY, WILLIAM H., testimony of ; 462-492 

resident of Jacksonville for thirty-five years; lawyer by profession; counsel 
for persons charged with being engaged in the murders at Cross Plains or 

Patona 4€2 

execution of the laws 462,479 

disguised men, bands of, cK:c., 462, 466, 471 , 472, 474, 475, 476, 477, 478, 479, 480, 

481 , 483, 485, 486, 4d7, 468, 489, 490 

disguised men, whip2)ings by 475,476 

dii-'guised men, character of members of oands of 460 

difficulty at I'atona or Cross Plains 462-472,481-485 

difiiculty at Patona, testimony of Levvis M. Force in trial of 465, 467, 

468,473,474,482,484 

hanging of William C. Luke 465, 470, 471, 4h^3 

outrage upon Crook 475, 4b7 

no punishment inflicted for Ku-Klux offenses 479 

negroes in disguise committing olfenses 4h'8 

negroes voting democratic ticket .1 468, 480 

I negro sufiVage 492 

A|conceruiug Freedmen's Bureau 477 

Fowler, Mr., whipping of 549 

Frances, Mr., killing of 136 

Frankenham, Mr., killing of 1971 

Frederick, Ciesar, killing of 77 

Freedman's Bureau, effect, cS:c., of 357,371,390,477,1132 

Friend, David, identified by Blair 676 

Fuller, John, struck in face with club 1239 

FULLLRLOVE, ROBERT, (colored,) testimony of l649-16(;o 

resident of Choctav, County 164i> 

votes the radical ticket all i he time 1653 

details of whipping and outrage U]ion witness by Charley Bran and Morris 
Dunn, while on his way to testify before the connnittee; in obedience to its 

subpoena 1649-1651, 1658,1659 

his house fired into February, 1871 1651, H)52, 1659, 16(}0 

details of second attack upon his house in April 1652, 1653, 1656, 1659 

threats made against him ; has been lying out at nights since April 25 1653 

was promised protection if he would vote the democratic ticket 1654, 1660 

Mike Dunn killed, October, 1871, and Abe Lyons 1654 

Thomas Rogers killed, June, 1871 1554,1655 

Isam Ezell and another killed, September, 1871 ; school-houses and churches 

burned 1655 

intimidation of voters 1655, 1606 

is afraid to return home ; thinks of going to Kansas : all the people in the 

neighborhood fixing to go 1656 

court-house shot into in April ; the court adjourned and none held since 1657 

signs a card to obtain protection 1660 

G. 

Gallagher, Lieutenant M. Frank, reports of 1161,1191 

Gardiner, Amos, whipping of 862 

Gardiner, Major, whipping of brother of - 864 



XXII 



INDEX. 



Page. 

GARDINER, MAJOR, (colored,) testimony of 862-864 

'born in Madison County 862 

his house fired into by disguised men ; Martin Bush, Simon Bush, and Amos 

Gardiner whipped 862 

guns taken from the negroes ; was compelled to leave home 862,863 

ordered to vote the democratic ticket 863 

several negroes driven from home ; witnesses brother twice whipped 864 

Gardner, Judge, shooting and whipping of 527 

Gardner, Tom, whipping of 3998 

GARRETT, JAMES J., testimony of 1475-1491 

resident of Hale County 1475 

was an old-line whig ; was in the confederate army ; opposed secession ; native 

of North Carolina ^ 1489 

character and standing of Blackford, probate judge 1475, 1484, 1485, 1486, 1490 

Blackford "svould sometimes give one account and sometimes another of his 

being visited by disguised men, and assign different reasons therefor 1475, 1486 

one was that the friends of Hutchinson, his predecessor, wished to drive him 
from office, that Hutchinson might obtain it ; the majority of the community 

inclined to this opinion 1476 

Blackford administered his office for a time under the direction and advice of 

witness 1476, 1477 

details of the tansaction which resulted in the selling of Blackford's property, 

and his resignation from office 1477 

does not think the committee compelled Blackford to leave, or that he needed 

to be under any apprehension of personal violence 1477, 1478 

never knew any one molested on account of his politics 1478, 1483 

Orlando Charles's house shot into ; his wife wounded, and he narrowly escaped 
being killed ; this outrage alleged to have been done by negroes on the insti- 
gation of Blackford : 1478, 1479 

Aleck Webb, colored, killed, in 1867, by John C. Orick ; a riot followed, the 
negroes scouring the country in pursuit of Orick ; Mr. Gewer captured by 

them and brought before Judge Blackford ; Orick left the State 1479 

killing of Harvey McCann, colored, in Perry County ; attempt to release Pey- 
ton McDonald from jail l3y a band of disguised men 1480 

attempt to take a colored mau from the Marion jail 1480, 1481 

Mrs. Nutting's house fired into 1481 

negro found dead near Hollow Square ; Mr. Monette's house fired into ; sup- 
posed to have been done by negroes ; negro prayer-meeting fired into and one 

of the parties wounded 148*3 

the raid upon Judge Blackford 1483, 1484 

McGrary released from jail 1484, 1491 

Blackford was a disturbing element in the community, and the people sought 
to get rid of him ; the main consideration in the purchase of his property 

was to get him away I486 

thinks he would have staid had it been left entirely to him ; condition of the 

purchase of his property, that he should resign and leave : 1487 

object, &c., of the Ku-Klux Klan 1487,1488,1489 

republican officers generally in bad repute 1489 

general conduct and behavior of the colored people 1489, 1490 

official conduct of Judge Blackford investigated by a committee ; their report 

satisfactory 1 490 

Geary, Andrew, killing of 1092-1094 

Gewer, Mr., arrested by negroes 1479, 1499, 1522 

Gibson, Frank, identified by Weir 653, 654, 695 

Gibson, Isaac, killing of 94^ 

GILES HENRY, (colored,) testimony of ]009-i0l(> 

went by the name of Garrett, when registered 1009 

has lived in Montgomery since Christmas ; did live in Nixburg beat, Coosa 

County; deacon in the Baptist church 1010 

the white men in the beat said we were too strong republicans, and that the 

church would be burned ; intimidation of voters 1010, J 01 5 

church burned January 1, 1871, by disguised men lUlO, 1011, 1014 

shooting of Ben Renshaw, same date ; Wiley Williams (colored) whipped; Aleck 

Shcely (colored) whipped, Tallapoosa County; Big Maxwell whipped 1011 

Green Sturdeway and Jerry Webb whipped ; all these were whipped because 

they voted the republican ticket 1012 

witness afraid to return home, as thelCn-Klux threaten they will kill him. 1012, 1014, 1015 

all his property taken during his absence 1013 

Smith Watley whipped for being a republican 1015, 1016 

Dick Martin, Joseph Baker, and John Baker whipped J 016 



INDEX. 



xxm 



Page. 

Gin, Joseph, wliippecl and shot at 812,814,918,922 

GILL, JOSEPH, (colored,) testimony of 812-8ir. 

lives in Arkansas; fifty-one years old ; a slave before the Avar 814 

whipped b}' Kii-Khix two hundred lashes and shot at tAvice, in Madison county 

in 1 868 f compelled to leave home 812,814 

his house visited in 1868 and 1869 and searched for g-uiis ; leaves for Arkansas ; 
made two crops there; returned to Alabama six weeks ago to collect some 

money due; disarming of the negroes by disguised men 8Kv 

kinds of disguises worn 8i:^ 

stories told the negroes by the Ku-Klux 812,813,814 

GILLE8PIE, JOHN C, testimony of 16U2-162(t 

resident of Livingston, Sumter County : clerk in the probate court ; is the oldest 

inhabitant, 1602; voted for Seymour and Blair 162<* 

raid upon Dr. Choutteau's house, and the killing of Coblentz J()02, 1603, 16(M 

alleged improper influence exerted by Dr. Choutteau; his teachings and char- 
acter 1602, 1603, 1608, 160'J 

Jasper and Zekc; High taken from jail and killed 1604, 1()0I'> 

tlie community powerless to prevent thest^ outrages 1605 

Ku-Klux organization, its extent, c\.c 1606, 161"; 

whipping (if Adam Kennard 1606 

killing of Richard Burk ; George Houston shot 1607 

scalawags not held in high estimation 1609 

Isaiah Hunter (colored) shot and burned in his house 1609, I61(t 

Judge Smith's character as judge, and the prejudice against him 1610-1612 

liis niill, gin-house, fences, and bridges burned 1611 

the failure to convict in Ku-Klux cases arif^es from the difhculty in ascertaining 

the parties and the danger to witnesses 1611^^ 

Powers or Powell (colored) and an Englishman whipped and shot ; colored 

school-honses burned ; general behavior of the negroes 1611 

killing of Collins in an alleged Ku-Khix raid ; riot in Livingston, August, IhTO, 

and political meeting dispersed 161' 

character of Mr. Price, who called this meeting 1615, 1616 

social proscription on account of teaching coIohmI school 1616 

interruption of a meeting at Livingtou, b'^TO, addressed by Ex-Senator Waruer 

and Ex-Governor Smith l 1617 

the mass of the colored people re])ublican; no atteujpt to canvass the county 
by republicans ; it was hazardous for the congressional candidate to come 

there and speak 161'^ 

falling off of the vote from 1868 to 1870; causes tliereof 1619 

Gilmore, Mr., implicated in the killing of Thomas 1672 

Gilmore, W. J., burning of house of 1627 

Gilmore, \V. J., as county superintendent of Choctaw Countv 1875, 1-^76, 1H79-188I 

GLOVER, BENJAMIN M., testimony of 1868-1897 

resident of Mount Sterling, Choctaw County; probate judge ; appointed May 

10, 1871 ; was previously a lawyer ; was a whig, and opposed secession • 18(58 

now a democrat 1876 

member of the legislature before the war 1877 

iustice of the peace and coroner 1895 

the people of Choctaw County law-abiding Id6^ 

resignation of the sheriff 1 1868, 1869, IrOi 

killing of Abe Lyon in 1871 1868, 1869, 1^^82, 1H83, 1887, 1H97 

killing of Rogers, Ezell, and Lem. Campbell 1869, 1885 

no intimidation of colored republican voters ; democratic negroes ; one mobbed 

forvotingthe democratic ticket 1869, 1879, 1888 

the county and judicial officers who were elected in 1868 Ib70, I88<« 

character of Judge Hill as to his efficiency as an officer 1871, 188lf 

investigation of the accounts of Alexander Hill, treasurer ; burning of the 
records of the probate court and of the circuit court ; universal opinion that 
the fire was caused by parties interested in destroying the evidence against 

them 1871, l H-^0 

Ku-Klux notice to Judge J. Q. Smith, warning liim not to hold court .1871, 1^72, 1*^8'.^ 

Judge Luther R. Smith's mill and gin-house burned Ih72, 187"*> 

witness's gin-house burned 1873, IH?? 

effort to discover the murderers of Abe Lyon ; resolutions adopted at a meet- 
ing to suppress lawlessness, and a band pursuing marauders 1^73, 1883, 18'<6 

sheriffs of Choctaw County, and their character as to efficiency 1^73, lw7 i 

character and actions of Robert FuUerlove . . - 1«74, 1877, 187?^, 1^79 



XXIV INDEX. 

Pago. 

GLOVER, BENJAMIN M., testimony of— Continued. 

concerning W. J. Gilmore, superintendent of schools of Choctaw County 1875, 1876 

1879,1880,1881 

standing:, &c., of Judge Smith 1878, 187C> 

the holding of a plurality of offices ; negro killed below Mount Sterling' 1882 

killing of Sir. Tnomas, and trial of Judge Morris, charged with his killing.. .1683, 1884 

1885, 1895, 189G 

knows of no white man having been punished for being concerned in the whip- 
ping or killing of negroes 1886 

Ku-Klux organization, its extent, &c 1887, 1890, 1893-1897 

election laws and their operation 1888, 1889 

church in which school was held burned 1889 

opposition to negro suffrage 1889, 1890 

education of negroes 1889 

Union League, its extent, &c 1890, 1895 

Judge Hill notified to resign, and the shooting of him 1891 

a county convention called, which passed resolutions requesting the officers to 

resign 1891, 189-2 

meeting of the bar, aud its action ; resignation of the judge 1892 

GLOVER, PEARSON J., testimony of 1338-1351 

resides in Marengo County ; a planter ; native of the State ; non-resident of the 

State for nine years 1338 

was in the confederate army 1348 

Mr. Neibling, teacher of a colored school, whipped, April, 1871 , by disguised men ; 
witness resented it as an indignity to himself aud issued notice to the attack- 
ing party, addressing it to them personally, through the newspapers, saying 
that he would keep Neibling at his house ; that he should not leave, and that 

any man who came to molest him would be killed 1338 

received a notice that if he did not take back what he had said, he would be vis- 
ited ; Mr. Neibling continued teaching until July, then returned home at 

the solicitation of his mot-her • 1339 

believes that Marschalk, who was afterward killed by Mr. Burney, was one of 

the attacking party 1340 

county appropriation to railroad voted 1340, 1341 

question of location of co\irt-house ; charges that W, B. Jones, State senator, 

was bribed 1341 

reasons for Neibling's whipping 1340, 1341, 1342 

statement of W. T. Neibling, as published in the Expouent 1342-1343 

his card as originally published in the Marengo Journal 1344 

political course of W. B. Jones 1345,1346,1347,1349,1350 

extract from the Tuscaloosa Monitor, and the character of its editor 1347, 1348 

thinks the disturbances which exist are caused by the teachings of such men 

as Jones 1349 

hostility between the races 1350 

conduct of the freedmeu since the war unprecedentedly good 1351 

Godfrey, Danger, cutting off the ears of 1730 

Goldthwaite, Zack, whipping of 1007 

Goodloe, Calvin, character of - 595-597 

GOODLOE, JOHN CALVIN, testimony of (336-G4V 

resident of Colbert County ^ ^ 036 

character of William Henderson 630 

his investigations in the Henderson case 636-638 

whipping of Jordan Wright and his expulsion from home 638, 639 

effect of Ku-Klux outrages upon labor ; the negroes did not generally vote at 

the last two elections 639 

no conviction of Ku-Klux ; education of negroes ; Ku-Klux disbanded ; the 

laws executed 640 

Goshe, Adam, shooting of 1092-1094 

GOULD, J. McKEE, testimony of 1637-1845 

resident aud native of Greene County ; assistant superintendent and civil 

engineer of the Alabama aud Chattanooga Railroad ; a farmer 1837 

was in the confederate army 1840 

condition of county quiet and peaceable ^..-1837, 1839 

negroes votijig the democratic ticket 1838 

concerning Ben. Leonard's recantation of his republicanism ; no intimidation 

of voters ...1838,1839 

great amount of stock-stealing..-.. 1839, 1844, 1845 

killing of Guilford Coleman 1839, 1842, 1844 

trial of the Eutaw rioters 1840 



INDEX. 



XXV 



Page. 

GOULD, J. McKEE, testimony of— Continued. 

whippinp: of Amos Blakely, colored, 1871 1840,1841 

killing of fSara. Caldwell ; negroes killed 1841 

killing of Mr. Boyd 1842, 1844 

Ku-Klux organization, its extent, &:o 1842, 1843, 1844 

tone of the press relative to the Ku-Klux 1843, 1844 

character of Ben. Leonard ; no one punished for outrages upon colored people. 1844 
Government, United States, feeling toward .331), 353, 406, 768, 825, 826, 850, 85 1 , 1287, 1288, 

1409, 1817, 1824-1827, 1850, 1859, 1864, 1865 

Granger, Alfred, killing of 375 

Grattan, Mr., killing of 1634 

Greathouse, , killing of 417 

Green, Philip, burning of house of 1285, 1520 

GREEN, THOMAS U., testimony of 870-871 

native of Madison County; lives in Huntsville ; member of all the grand 
juries since the war, except the last; was a member in November, 1>69, of 

the jury of w Inch Judge Charlton was foreman 870 

upward of thirty indictments found by that jury, perhaps half for illicit dis- 
tilling, others for homicide ; the parties indicted not brought to trial 870 

Greene County, outrages in ^ 1161, 1191 

election, statistics (y( 1461 

Ku-Klnx operations in 1790 

free expression of })olitical opinion in 174,280, 281, 304, 33^ 

people of, not opposed to reconstruction 311 

outraged in, Lucy Breathitt, Mr. Cockrell, Carr Davis, Nelson Harris, Judge 
William Miller— 5. 

killed in, Samuel Boyd, Sam Caldwell, James Carpenter, John Carprnter, 
CJnilford Coleman, Sam Colvin, Nelson Harris, James Martin, Henry Miller, 
Mr. Palmer, Samuel Snoddy — II. 
♦ shot in, Henry Dew — I. 
whipped in, Amos Blakely ; Choctaw Joe. Kev. Mr. Kill, Littleton Hood — 4. 

Greensborough, interrui)tion of meeting at 1453 

Griffin, Scott, whipping of 1191 



H. 



Hale County, election statistics of 1279, 1280 

outraged in, Mr. Blackford, Mr. Chapman, Mr. Clause — 3. 
killed in, Alexander Webb — 1. 
shut in, Orlando Charles's wife, Mr. Fletcher — 2. 
whipped in. Handy Ilardiwick — 1. 

Hale, Judge, raid on house of 729 

HALE, SAMUEL A., testimony of 1HI2-1835 

resides near Livingston, Sumter County, and has been in the State nearly 

thirty-five years ; has been a lawyer 1812 

a republican and a Union man I?^j3 

native of New Hampshire ; a brother of John P. Hale 1820 

discussion, in sub-committee, as to the admissibility of the letter of witness to 

Senator Wilson on the condition of the country 1812-1814 

character of the men composing the constitutional convention and of the elec- 
tion at which they were returned 1815, ISK;, 1819, 1826 

character, standing, c\:c., of Sheriff Beville 1&I5, 18J9, 1825, 1826 

causes of discontent 1816 

carpet-baggers 1^^16, li^2^' 

Ku-Klux organization, its extent. Sec 1816, 1817, 1820, 1821, 1822, 1823, \t'2i 

outrage upon Mr. Chouttejiu 1816, 1817, 1^21 

killing of Coblentz; witness shot at 1017 

more hostile feeling against the North and the Government to-day than there 

was during the war 1817, 1824-1827 

chaiacter, t.\:c.,of Daniel Price 1^16, 1817, \>:l>::, 18'^5 

character of the speeches nuide to the colored people 1818 

character, standing, cScc, of Tobias Lane, the Cecils, Major Pierce, and 

Kolfe ; 1818, 1819, 1825 

iiitiiiiidation of officers and judges 1819, 18'^0, 1829 

negroes killed; killing of Pichard Burke 1821 

negro whipped , . 1821, 1 822 

no one punished for outrages ; the courts a farce and a sham 1822 

intimidation of voters 1822, 182i», 1^30 

social proscription 1822, 1823, 1825 



XXVI 



INDEX. ^ 



HALE, SAMUEL A., testimony of— Continued. 

his views on negro suffrage 1821 

character, standing, <fe,c., of Mr. Hays 1824,1825 

the State convention of 1805 was in the hands of the rebels ; that of 1867 or 

1868 in those of the carpet-baggers 1820 

probable effect of general amnesty 1827 

politics of Sumter County officials ; composition of juries 1828 

action of the joint committee on the admissibility of his letter to Senator 

Wilson 1830 

letter to Senator Wilson, dated January 1, 1808 1830-1834 

Senator Wilson's reply , 1834-1835 

Hall, Isaac, whipping of 415,410 

Hall, William, killing of 77 

HAMLIN, HE ^W (colored, ) testimony of 857-859 

lives in Madison County 857 

particulars of his whipping and that of three others 857, 858, 859 

manner of whipping 858 

the stories told them by the Ku-Klux 857, 859 

they are ordered to vote for Seymour and Blair 859 

Scrugg's house broken into and his money stolen 857, 859 

Hardiwick, Handy, whipping *of r 1984, 1991 

Hardv, John, forced to resign his position 1430 

HARGROVE, WILEY, (colored,) testimony of 1993-1990 

lives on Mr. Eggleston's plantation, five miles from Columbus, Mississippi ; 

is a cripple 1993 

w^hipping of witness and wife in Pickens County, November, 1870 1993, 1994 

his whipping political 1993, 1995 

manner of whipping; was ordered to leave, and left; Samuel Lowe (colored) 

whipped • 1994 

whipping of Bob Stocksville, Dock Johnson, and Henry Lowe 11^95 

Hargrove, Wiley, and wife, whipping of 1993, 1994, 1998, 2001, 20U0 

Harker, Mr., whipping of 451 

Harlan, Bud, identified by Weir 695 

Harper, William, whipping of 140, 167 

Harris, Berry, killing of 77 

HARRIS, JOHN G., testimony of 1587-1602 

resident of Livingston, Sumter County; a lawyer 1587 

native of the State ; was in the confederate army ; was a candidate for Congress 

in opposition to Mr. Hays 1588 

Dr. Blackford was a surgeon in the confederate army ; was tried by court-mar* 

tial and dismissed the service 1588, 1589 

a large number of colored people voted the democratic ticket ; no intimidation 

of voters on either side 1588, 1592 

whipping of Adam Kennard, (colored,) alleged by him to have been done by 

Daniel Price and some negroes 15^9 

politics of the sheriff, and of Kennard, hi^ deputy 1589, 1590 , 

the practice of holding a plurality of offices in the State 1590, 1591, 1597, 1598 

election statistics of Sumter County 1591, 1592, 15Q3 

Zeke Williams taken from jail and killed 1593, 1594 

Prater released from jail ; no earnest attempt made to arrest the perpetrators.. 1594 

Dr. Choutteuu's house visited and Coblentz killed 1594, 1595, 1598 

burning of Dr. Choutteau's house; shooting of George Houston 1595 

Danger Brown (colored) whipped, and his ears cut off by W. R. Thomas ..1595, 1596 

Jasper (colored) taken from jail, hung, then shot ' 1596 

killing of Richard Burk 1596, 1597 

Charles Brown, (colored,) whipped, 1871 15157 

Ku-Klux organization, its extent &c ! 1599, 1600 

outrages have been going on in the county since 1807 1599 

no one has been punished for any of these Ku-KIux outrages 1600 

failure to hold terms of court when appointed 1600, 1601 

Harris, Nelson, killing of \ 272 

Harrison, Frank, killing of 1172, 1229 

Harrison, Mr., whipping and killing of 078 

Harroll, R. D., information of Ku-Klux obtained from, by Taylor 1126, 1130 

Hart, Dudley, killing of 1001, 1002 

Hartley, Monie, and son, shooting of 4i0, 422 

Hatch, C. W., received Ku-Klux letters 1295 

HATTER, JAMES D., testimony of 1933-1940 

resides near Pelham, Choctaw County-..^ 1933 



INDEX. 



XXVII 



Page. 

HATTER, JAMES D., testimouy of— Contiuued. 

private in the confederate army 103,' 

was a slave-holder - 1 iKVJ 

knows Charles Bran and Morris Dunn ; neither of them were at Black's Bluff 
on Monday nig^ht last : no negro called there that night ; Rohert Fullerlove 

not beaten...; 1933 J 030 

geocjraphy of the country from Tonipkinsville to Livingston 10153-1935, 1030 

negroes killed in Choctaw County 1035 

concerning witness's knowledge of the Ku-Klux and their operations 1035, 1037 

sentiment as to negro schools and negro suHrage 103.'' 

Haughey, Thomas, killing by Collins of 173 

Hawkins, Thomas, .struck with pistol 1106, 1 1(i7, 1*^0:2 

HAWKINS, THOMPSON C, testimony of 13J4-1333 

resident of Greene County; a farmer; was a mail-route agent; held the 
office five days; resigned ; was a deniocrat until the war; voted the repub- 
lican ticket in 18i'8 ; was ostracized entirely 13*24 

killing of a route-agent (Frank Diggs) on the Selma and Meridian road. 13:25, 13'2>, 13*J1' 
accepted the appointment of agent after consultation with Morgan and Jolly, 

lawyers in Eutaw 1325 

was threatent'd by Mr. Long, sub-route agent 1325,1330, 1331, 133-J 

consulted ISlr. Morgan and others, and was advised to give up his office, and 
come out in a card quitting the republican party ; did so, and it was publisheil 
with the editorial comment, " We gave a black recantation of radicalism 
last week ; this week a white one; but Ave fear that radicalism is a disease, 

and unless the blood is all let out, the disease will remain therein" 131.H) 

Ben Jjemon (colored) came out in a card and renounced his radicalism ; state- 
ments concerning Lemon's arrest, and his meeting with disguised men 1327 

Mr. Clark received a Ku-Klux notice, and left ; Arthur Smith received on", 
and left ; whipping v)f Choctaw Joe ;. a republican not safe in advocating his 

sentiments 132^ 

no one arrested for the murder of Frank Diggs, the mail-route agent 3329 

Sheffield's colored school discontinued, and the cause therefor 13/29, 133'^ 

HAYS, Hon. CHARLES, testimony of 12-25 J h35- J -37 

resident of Greene County 12, J "^35 

member of Forty-first and Forty-second Congresses. 12 

native of Greene County 15,2 * 

major in confederate army 22 

disguised men, operations of 13, 115 

disguised men, leading citizens oi)posed to li) 

riot at Eutaw, Greene County J 415 

riot at Eutaw, persons tried for 32, 19 

no punishment infiicted for Ku-Klux outrages 17 

difficulty in procuring testimony 13, Ifi, 17, 21 , 2:> 

beating of Mr. Cockrell l-^', 19, 20, 23, 24 

killing of Alexander Boyd, solicitor 12,13 

killing of Gilbert Coleman, (colored) ]'.) 

difficulties in Choctaw County ](> 

Judge Luther R. Smith notified to resign 1(5 

freedom of political opinions 16, 20, 23> 

general amnesty 16, 2 1 , 22 

effect of Ku-Klux law of Congress 115 

riot at Livingston, August 13, 1870 1835, 1836, ]<]7 

whites and blacks both armed at the meeting at Boligee 1835, 1>3(5 

negroes were armed for self-defense only ; made no canvass of Sumter County, 
because it was unsafe ; no republican in the State can make a speech in 

Pickens or F,ayette Counties 1^3«*. 

Hays, Dick, whipping* of 1 194 

Hays, G. W., character, standing, c^c, of 16G3, 1664, 1689, 1600, J706, 1714, 3824, 1-25. 

1956-1958, 1963 

HEALY, ROBERT W., testimony of 1155-l]:'r> 

United States marshal for the southern district of Alabama 1155 

has liad several conversations with Judge Busteed relative to Ku-Klux outrages, 
in one of which the judge said, "If it were not for me, a republican could not 

live in the State " 3155, n5r> 

Henderson, William, attempt to drown 540, 557, 558, 577-581 , 5^3, 584, 636-63"^ 

character of 636 

HENDERSON, W1LLL\M, (colored,) testimony of 576-590 

lives in Huntsville ; lived last August at Mr. Calvin Goodloe's, Colbert County ; 
is married 57 G 



XXVIII 



INDEX. 



Page. 

HENDERSON, WILLIAM, (colored,) testimooy of— Continued. 

details of outrage upon him by disguised men, and their attempt to drown 

him 577-581,583,584 

character of the disguises worn 579 

recognizes three of the party 579,580 

previous difficulty with some of tlicm 581,582 

the parties arrested, tried before the United States commissioner, and ac- 
quitted 582,583, 584 

alibis proven 568 

accounts between witness and Mr. Malone 589, 590 

Hendricks, Essex, killing of 77 

Henry, Isham, whipping of J 164, 1199, 1200 

HERE, BENJAMIN F., testimony of 16U1-1719 

resident of Livingston, Sumter Couuty ; has been an editor and publisher; 
resident since 18G5 ; born in Lancaster, Pennsylvania; removed to Missouri 

in 1853, and resided there until 1861 3661 

was in the Missouri State guard 1683 

entered the confederate service ; was editor and publisher of the Livingston 

Journal, a democratic paper 1684 

an anti-slavery man before the war; was not opposed to slavery after he went 

to Missouri j 1718 

condition of the country after the surrender; unsettled but peaceable; cotton 

seized by the Government 1661 

Captain Swift's advice to the colored people 1661, 1705 

relations between the races 1661, 1662 

facts illustrating the good feeling between the blacks and whites; a perceptible 
change in this feeling about the spring of 1867, caused by the influx of 

carpet-baggers, and the organization of the Union League 1662, 1705 

operations, <fcc., of the Loyal League. 1662, 1663, 1665, 1678, 16S7, 1688, 1689, 1692, 1693 
character, standing, &c., of Daniel Price, 13. F. Rolfe, and G. W. Hays, leaders 

of the League 1663, 1664, 1689, 1690, 1706, 1714 

letter of Tobias Lane, candidate for probate judge, to John B. Cecil 1664 

character of George Houston 1664, 1665, 1688, 1690, 1691, 1703, 1714 

withdrawals from the League 1665, 1692, 1693 

address of Sydenham Porter 1665, 1666, 1691 

extract from the Livingston Journal of August 5, 1870, relative to the disturb- 
ance at Belmont, resulting in the killing of Collins 1666, 1667 

Gerard Choutteau's version of the outrage upon him, as published in the Alabama 

State Journal of December 17, 1868 1668, 1669 

investigated the case with reference to the loss sustained by Choutteau, and 

found it exaggerated 1669, 1693, 1695, 1697, 1698, 1711 

details of the killing of Yankee Ben^ colored 1670, 1671 

killing of Mr. Binns by Jasper Alexander; the latter taken from jail and 

banged 1671 

killing ofN. E. Thomas, of Choctaw, June, 1868 1671,1672,1701,1702 

Morse, Armfield, and Gilmore, implicated in the killing, tried by the military 
authorities and acquitted; Jerry Clark killing by Prater; Prater released 

from jail 1672 

killing of Dennis Pearl, colored, March, 1868 1672, 1675 

killing of Coblentz, August, 1869; verdict of the coroner's jury 1673 

.testimony elicited during the inquest; wounding of George Houston 3673, 1674* 

statement^ from the Livingston Journal in reference to the pursuit of the parties 

who attacked Dr. Choutteau's house 1671 

raid on George W. Houston 1674, 1702 

Houston's threats to burn Livingston 1675, 1702, 1719 

meeting of citizens called to give assurances to the negroes of protection 
against outrages ; a patrol organized in consequence ; Mr. Beasley's house 
fired into; killing of Isaac Hunter, (coloied,) April, 1870, and burning of his 

house and body 3675 

Arnold Lee and two others arrested, and eventually dismissed 1675, 3676 

shooting of J. S. Etheridge; whipping of a colored woman ; killing of Enoch 

Boyd, colored, September, 1870 1676 

Mr. Lovet whipped, February, 1871 ; Anthony Rogers, (colored,) killed by Harri- 
son Little; Mr. Stratton killed, July, 1867; Patterson killed by Mr. Bryan, 
April, 1868; Mr. Scarborough killed by Mr. Morris, April, 1869; Hopper 
killed by Boyd, January, 1H70 ; Rogers killed by Meredith, April, 1870... 1677 

intimidation of voters on the part of the Union League 1678, 1682 

election statistics of Sumter County 1678, 1679 



INDEX. 



XXIX 



Page. 

HERE, BENJAMIN F., testimony of— Continued. 

reasoDs for the falling off of the radical vote; effect of the speeches of Ex-Gov- 
ernor Smith and Senators Parsons and Warner 1679 

effect of A. W. Cockrell's speech 16S0, IGSl 

presence of the Federal troops at the election precincts ; fob* character of the 
election; general dispositi< n evinced by the democratic party toward the 
negroes since their investment with the rights of citizenship ; believes that 
the acts of violence perpetrated against negroes or other republicans were not 

instigated by the fact that they were republicans 1681 

attempt to mob certain negroes for hurrahing for Seymour; disturbance in Liv- 
ingston, August, 1H70 1G82 

has no knowledge of any fund being raised for the purchase of arms, &c., to 
be used by a secret order, or of tlie existence of a secret order to suppress 
supposed grievances, or of any combination with signs and pass-words to 
punish offenders, intimidate voters, Ac. ; enumerates the visits that he has 

heard of in the county as having been made by disguised men 1G85 

general practice of the community to carry small-arms ; nothing in the condi- 
tion of society rendering the praciiee necessar}' ; it is against the law to carry 

concealed weapons ; great destitution after the war 168C 

a great deal of stealing was done 1686, 17J7 

manner in which the testimony given yesterday was prepared by witness 368D 

character of Sydenham Porter's speeclies 161)2 

witness's investigation in the Choutteau case 1693-1698 

practicability or non-practieability of obtaining evidence in case diligence and 

earnestness were employed in tracking the perpetrators of outrages.. 1699-1701, 1716 

Zeke High taken from jail and killed 17U1, 1717, 171h 

knows of no case where even an arrest has been made ]7()1 

raid on Mr. Choutteau 1702 

number of homicides in Sumter County since the surrender 170o 

knows nothing of the Ku-Klux ojganization ; does not believe there is or ever 

has been such a thing in the State 1704 

has heard of such an organization in Ti-nnessee 1705 

ill-feeling engendered on the part of the negroes by their acts, such as assem- 
bling in aimed bodies, licc 1707 

their arming on election day 1707, 1708 

reiterates his belief in the non-existence of the Ku-Klux order 1709 

carpet-baggers, and the effect of their interference in politics ; their appeals 
and admonitions of a character that tended to create bad feelings between 
the races ; negroes are as free to express their opinions to the white man as 

a white man is to them 1710 

negroes not aggressive in character ; interruption of a meeting which Governor 

Smith and others were addressing.. . 1711, 1712 

does not think an open association with the democratic party by the negro 
operates to protect him ; knows of no disposition upon the part of the negroes 

to migrate, nor of any attemi)t to prevent them 1712 

agrarian doctrines proclaimed by the leaders of the colored people 1713 

the inefficiency of State and county officers and the want ot confidence in 

them obstacles to the execution of law and a source of disorder 1715, 1717 

radical officers in the county and their character 1715, 1716 

confidence of the people as to the integrity of the officers of the law greatly 
impaired by the manner in which they obtained their offices ; colored labor 

preterred to white as a general thing 17 18 

High, Zeke, (see Williams, Ezekiel.) 

Hildreth, Eeuben. whipping of 1245, 1458 

Hill, Judge F. M., notified to resign 1891, 1892, 1916-1918 

Hill, Judge F. M., shooting of 50,103, 1627, 1^91, 1916-191^ 

HILL, FKANCIS MARION, testimony of 1916-1922 

resident of Choctaw county; a farmer; native of the State; was judge of 
probate and county treasurer ; now register in chancery ; appointed judge 

by Governor Smith in 1869; held the office till May 10, 1871 ]916 

a whig before the war; opposed secession till the State seceded, then went 

with the State; while in office affihated with the radical party J917 

voted for Seymour and Blair.. J922 

resigned his judgeship, being threatened by anonymous letters ; shot at and 

wounded in the arm, and his office shot into J916, 1917,1918 

character of these Ku-Klux letters J917 

adjournment of Judge Smith's court and resignation of the sheriff; killing of 
Abe Lyon, Tom Kogers, Isham Ezell, Mike Dunn, and Dud Woodward.. 1918 



XXX 



INDEX. 



Page. 

HILL, FRANCIS MARION, testimony of-Continued. 

killinp^ of Nat Edwards ; effect upon the negroes of these murders and whippinf^s 1919 

intimidatiou of voters 1919, 1920 

general, feeling toward northern immigrants; negro schools and churches 

burned ; public sentiment as to negro education 1920 

Ku-Klux organization, its extent, &c 1920,1921, 1922 

meeting held in the county, at which resolutions were passed calling on the 

county officers to resign 1921 

threatening notices posted on court-room door 1921, 1922 

character of Robert Fullerlove 1922 

Hill, Rev. Mr., whipping and driving from home of 126,274 

Hindn, Dick, identified by Blair 67G 

Hinds, Ponv, identified by Blair 676 

Hodnet, J.H., shooting at 1033,1034 

HOLLEY, JOHN J., testimony of * 1135-1144 

resident of Dadeville, Tallapoosa County; a planter and farmer 1135 

native of Georgia 1136 

a republican; was disfranchised and his disabilities removed 1141 

sixty-two years old 1143 

have had no disturbances in the neighborhood of the court-house ; has heard 
of whites and negroes being whipped and of school-houses and churches being 
burned by bands of disguised men, pretty much since the surrender ; first by 

the Black Cavalry, then by theKu-Khix 1136 

extent, object, <fcc., of the Ku-Klux organization 1136, 1137, 1138, 1139, 1142 

politics had a good deal to do with these whippings, &c 1130, 1137,1139 

intimidation of voters 1137, 1139, 1140, 1 142 

effect upon the negroes of these visitations and whippings ; they have nearly 
all been run off ; a great many good citizens desire to put the Ku-Klux down ; 

no concerted action has been had ; many good men were afraid to act 1137, 1 139 

Colonel Daniel Taylor's house burned, 1870 Il37 

school-house and church burned ; Mr. Barnes receives a number of Ku-Klux 

letters 1138 

Williams whipped and killed for being a republican 1138, 1142, 1 143 

Squire Dunn's negroes driven off 1138 

lady teacher notified to abandon her school 1 138, 1139, 1 140 

no earnest cftort upon the part of the community to bring offenders to justice.. 1 139 
no prosecutions for Ku-Klux outrages ; more or less terrorism still existing.. . 1140 

white man whipped 1143 

Hollowell, George W., attacked and driven away by Ku-Klux 165-167,211,931,932 

Holseapple, James, identified by Henderson 580 

Hood, Littleton, whipping of 1789, 1790, 1796 

Hopper, Mr., killing of 1677 

Horton, Benjamin, whipping of.. 119,740,741,773,986,987 

HORTON, BENJAMIN, testimony of 738-744 

lives in Blount County ; was in the rebel army 738 

description of his dead-born child which resembled the Ku-Klux 738,739 

visited by the Ku-Klux 740 

whipping of witness 740,7^1 

Lewis Ketchum taken from jail, shot seven times, whipped, and then hung, by ^, 
a band of seventy-five disguised men; Ku-Klux order still in existence in 

Blount County 742 

guns taken by Ku-Klux ; intimidation of voters and complainants 743 

Horton, James, whipping of 756,757,767,773 

Horton, Samuel, raid on house of 729,730,732,773 

Horton, Samuel, character of 984,988,9-<9 

HORTON SAMUEL, testimony of 728-ti8 

lives in Blount County ; sixty-six years old ; native of South Carolina 728 

visited by a band of Ku-Klux at house of Judge Hale 729 

character of the disguises worn 729,730 

visited again by Ku-Klux in October, 1870 730 

breaking up of a camp-meeting by disguised men; threats made against Mr. 

Lakin 731,734,735 

again visited and compelled to leave home with bis family ; went to Georgia ; 

returned home three weeks ago ; was again threatened 732 

whipping of Lina McKinncy ; Methodist preachers driven away 733 

character of Mr. Lakin ; intimidation of voters ^ 734 

indicted for being an anti-Ku-Klux 735-738 

Houses burned.... 1137, 1285, 1293 1419, 1519, 1520, 1533, 1209, 1595, 1611, 1627, 1643, 1872 

1873, 1877, 1983-1965 



INDEX. 



XXXI 



Page. 

rioustoD, George W., shooting of. . .999, 1000, 1574, ]575, 1595, 1607, 1622, 1623, 1631 , 1632, 

1673, 1674, 1737, 1949, 1954 1964 

Houston, George AY, slioofmg of son of 999, 1000 

Hou.ston, George W., character, standing, cVc* of .. . 16()4, 1665, 1675, 16^^, 1690, 1691, J702 

1703,1714,1719 

Houston, George W., raid on liouse of 1()74, 17(>2 

HOUSTON, GEORGE \V., (colored,) testimony of 997-1004 

now staying in Montgomery 997 

born in Ahibama,and lived in Sumter County ; a member of the legislature ; 

county registrar 99^* 

a tailor; was a slave lOiiO 

a republican 1003, 1004 

killing of Kichard Burke ; shooting of Enoch Sledgo ; killing of Frank Sledge. 99"^', !:h)9 

killing of Travis _ - "I - - 999 

details of shooting of witness, and his defense, August, lri69 ; he tires on the 

attacking party ; wounding of his son 999, looo 

eight or nine colored men killed in the county ; was forced to leave ; sliooting 

of Alfred Jolly, (colored ;) white and colored population of Sumter County . . 1001 

thinks Dudley Hart was the man he shot 1001, lOOij 

no one prosecuted for shooting witness and son ; Jerry Clark shot dead by Mr. 

Prater; Prater put in jail and released by a mob 1002 

Jerry and the others republicans ; no one punished for these outrages 10(^3 

Hudson, George, identified by Blair t)76 

Hudson, Fitzhngh, identified by Blair t)76 

Hudson, Sim, identified by Blair 67t) 

Hunnicutt, Judge, statement of, relative to election in Cleburne County 1193 

Hunter, Isaiah, (Isaac) shot and burned in his house 1609, 1610, 1(')75, 1737, 1744, 1949 

Hunt^ville, riot In 599, (i02, 614, 61 7.S5, 7H>, 818-821, KM, 849, 854, ^73-h75, 900-902, 

910, 1 166 

Hyman, Isaac, raid on house of 1044, 1045. 10-'7 

I. 

Ingram, Jesse, driving from home of j 1172, 1230 

Intimidation of veteis I 59, 310, 3)3, 391 , 398, 4(.'3, 419, 495, 496, 52*^, 534, 6-2! 7:54, 

743, 752,768, 769,777.^59, r-("3, S69, ^7S, <)|7-9I9, 921 , 922,936,953, 955,957, lOlo, 
1015, 1('26, 1028, 1035,1036, 1040, 1( 4(i, 1072, !078-]( 8ii, 10-2, ]o-3, I( -7, 1095, li;l)7, 
1137, 1 139, 1140. 1 142, 1161, 1 176, 1191-1 193, 12-o, 1290, 1321, 1362, 1363, 1404, Mo5, 
1429, \r^'^, I Ui5, 1549, l()19, 1055, 1(;."6, I67.^, I682, 1725, 172(5, 173s, 173'J, 1741, 1742, 
1744, 1759, 1763, 1775, 1779, 17sv>, 1783, 1790-1793, 1796, 1^22, 1^29, ISJO, 184-, 1^56, 

ISJl, 1^62, 1919, 192( 

Intimidation of witnesses, juror.H, complainants, iJLc 32, 3->', 40, 5"^, ()I , -'0, 103, 107, 743, 

1395, 1404, 1457, 1465, 1778, 1779, 1784, 1785, 1792, 1^19, 1-20, 1829, lS56 

Irwin, Dr. William B., shot Lee 

Isham, shot and throat cut 1334, 1335 

Isham, (Ezell ? ) shooting of wife of 1.3;55 

J. 

Jackson County, hundreds driven from 932 

number of outrages in 139 

outraged in. Sir Daniel, John McManman, Miles Prior, 3; killed in, Samuel 
Ciite, Mr. Douglass, Ned Larkin and brother, 4; shot in, Ned Lurkin's son, 
Sam Lawler, whipped in. Sir Daniel's brother, Mr. Haiper, Mrs. Har- 
per, 3. 

Jackson. Lewis, raid on house of 982,983,993-997 

JACKSON, LEWIS, (colored,) testimony of 982-983 

lives in Iluntsville; had to move away from Stevei.soii ; was seized by the Ku- 
Klux and put in the old block-house in 8tevenson by Squire Burns; block- 
house broken up by Ku-Klux, and witness taken out and threatened with 

death; his release by soldiers 982 

was in the Federal Army ; two outrages upon him by the Ku-Klux 983 

JACKSON, SAM B., testimony of 1441-1447 

a lawyer; was judg»^ of prolate ; reside nt of Linden, Marengo County 1441 

held an inquest over the body of Pobin Wesibroo.k, and took testimony as to 

the cauf-e of his death 1441 

the testimony taken in the case 1442, 1443 

no appiehensions of danger expressed by any of the witnesses ; never heard of 

an instance of a peison being injured for testilying in a case of this kind . .. 1443 



XXXII 



INDEX. 



Page. 

JACKSON, SAM B., testimony of— Continued ...o .... 

disturbance at Linden while W, B, Jones was speaking 1443, 1444, 144o 

opinion as to whether the witnesses in the Westbrook case were under duress. 1445, 1446 
the persons present when the inquest w^s held 1446, 1447 

Jail in Limestone County, raid on 610 

Jasper, (see Alexander.) 

Jefterson County, number of homicides in 174i 

JEFFRIES, ALGERNON SIDNEY, testimony of 1401-1504 

resident of Greensborough, Hale County ; merchant and planter 1491 

a Union man ^492 

a conservative 1498, 1499 

details of the negotiation for the sale of Judge Blackford's property, and his 

resignation from office 1492, 1498, 1503, 1504 

killing of Alexander Webb by John Orick 1492 

riot threatened 1492, 1499 

character, standing, &c., of Judge Blackford 1492, 1493, 1494, 1498, 1499, 1501, 

^ 1502,1503 
Judge Blackford pursued by soldiers ; he renounced his political views. 1492, 1499, 1500 
Clause, a freedmen's agent, knocked down, and a negro ducked by Federal 

soldiers 1493 

knows of no instance in which the laws have not been executed 1494 

raid on Judge Blackford, cause of, &:c 1493,1494,1495, 1696, 1497 

raid on Mrs. Nutting's house 1495, 1496 

McGarry released from jail 1495, 1496 

jail in Marion visited ; negro whipped 1496 

attempt to release Peyton McDonald ; negro meeting shot into ; house of 

Orlando Charles shot into and bis wife wounded by negroes 1497 

no attempts to influence the political action of the colored people 1498 

arrest of Gewer by negroes after the killing of Aleck Webb 1499 

knows of no instance of the enforcement of the laws against any one concerned 

in these acts of violence *. 1500 

Ku-Klux organization, its extent, &c.; its victims generally republicans 1503 

Johnson, Andy, burning of livery stable of 1520 

Johnson, Dock, whipping 1995, 1998,2006 

Johnson, Henry, whipping of 669,945,950,953,954 

JOHNSON, HENRY, (colored,) testimony of • 953-956 

lives on Mr Steele's plantation 953 

whipped and shot at by the Ku-Klux 953, 954 

negroes afraid to vote 955. 

Mrs. Campbell whipped 956 

JOHNSON, HENRY T., testimony of 1351-1354 . 

lives with Major Glover ; a farmer 1351 

Norwegian by birth ; was in the Federal Army 1352 

details of visit by disguised men, and Mr. W. T. Neibling's whipping 1351, 1352 

character of Mr. Neibiing 1352f 

Mr. Glover's conduct in the affair ge:nerally approved VAb'-i 

Johnson, Pink, identified by Weir 653,654,095. 

Johnson, Rev. William, killing of 128* 

Johnson, Robert, attempts to bribe James H. Alston 1018^ 

Johnson, Robert, burning of work-shop of 1520 

Jolly, Alfred, shooting of 1001 

JOLLY, J. J., testimony of 264-297 

native of Alabama, and resident of Eutaw, Greene County ; lawyer by profes- 
sion o(54 

colonel in confederate army 288^' 

execution of the laws 264^ 

disguised m.en, operations of bands of 265, 274, 275, 283, 284, 286, 287, 288 

disguised men, opposition to 284 

riot at Eutaw 268, 269, 270, 271 , 279, 281, 284, 285, 296 

riot at Eutaw, trial of persons for 280 

opposition to reconstruction, &c 293 

general amnesty 295 

trial of persons for whipping negroes, 279 

freedom of political opinions 280,281,285 

negroes promised lands and mules '282 285 

ntproes voting democratic ticket '283 

diniculty at Cross Plains, or Patona 275 287 

foncerning Knights of White Camelia '292 

concerning Union League 283,291 



INDEX. 



XXXIII 



Page. 

JOLLY, J. J., testimony of— Continued. 

negroes hung- in Tuscumbia u^^^o.. 2S6 

difficulty between Boyd and Brown 266, 27(3, 282 

Idlling' of (Alexander) Boyd, soiicitor 265, 266, 267, 273, 275,277, 279, 28] 

killiDO' of v'^amnel Colviu, (colored) 263,266,273 

killino; of Henry Miller, (colored) 265,277 

Idliino' of Sam Caldwell, (colored) 265,273 

killing' of Nelson Hards, (colored) 272 

Idllinfr of Gilbert Coleman, (colored) 273,277 

killing" of Samuel Suoddy 265,277 

killing' of James Carpenter 277 

killing of John Carpenter 277,278 

killing" of Palmer 27S 

assault upon Rev. Mr. Hill 271 

assault upon Cockrell 271,281 

as-ault upon Judge Miller 278 

assault uj)0!i Burton 290 

JONES, GLOKGE, (colored,) testimony of 1388-1395 

lives at Joel Lipscomb's, Marengo County ; r.adve of the S:ate 3388 

colored man cut by John Beamer ; pistols drawn on colon d men; outrage 

upon witness 1338 

Robin Westbipuk killed J:389, 1:191, 1392, 1393, 1394 

heard of the Ku-Klux wlnpping many negroes; Sam White whipp'^-d ; colored 

man Ijeaten by Dr. Smith ]389 

Lewis, , whipped to make him confess who fired upon Dr. Smith. 1389, 1390, 1391 

miscegenation 1390, J 391 

colored in-ople are afraid of tlie Ku-Kliix ; a good many left when Westbrook 

^vas killed ; intimiduiion of coaiph-iinants 3395 

Jv;i!cs, Vv'iUlam B., compelled to withdraw from canvass, 1304-13,0(1, i:U3-13>15, 1317,1455, 

1456, 1504-1509, J515, 1516 

Jones, William B. , characto;-, standing. lK:c , 3315, 13)6, 13,id, 3359, 13H, 1345-1347, 

1349, 3350, 13>74, 1375, l.-l. 33<5, 13-7, 1411, 1422, 3423,, 1449, 3-150, 1451, 1466, 3107, 

1515, 1543, 1545, 1547 

threats airainst 3052 

JONES, WILLIAM B., testimony ot 3450-3475 

a phniter; resident of Demopoli-, Marengo County ; native of the State; in 
3860 canvassed the district tor Bell and Everett ; was in confederate army ; 
was m":iyor of Demopolis 1450 

his first re])ublican vote was for the constitution in 3868 ; advocated its adop- 
Uou in a public address; re-elected ma^'or ; is serving as State senator ; is a 
candidate for the office of slieritf 3451 

was chosen in l^.GS as a Grant and Colfax elector; declined; advocated the 
election of, and voted for, Seymour and Blair; was troated most cleverly; 
came back to the repubiieau party and free speech was denied him 1452 

a slaveholder before the war : 1454 

was interru])ted and threatened v/hilu making a Fourth of July oration in Bel- 
mont, Sumter County, 1(^70 3452 

interrupted at Shiloh, Mareniro County, and Greensborough, Hale county, 
1^70 ; has appointments to till, but is afraid to go, believing his life would 
betaken 1453 

parnculars of the interruption at Linden October 7, 1873.. 3453, 1454. 3455, 1456, 1457, 

1464, 3465 

resobitions complimenting him passed bv a democratic convention, December, 

1869 1454 

facts relative to the charge of receiving compensation for Ids influence in the 
removal of the county seat from Demopolis to Linden 1454,1466, 3467 

signed a card withdrawing from the canvass, and his reason for so doing.. ..3455, 3456 

did not attend his appointment at r>IcKinley, on the 14th, for the same reason 

that he does not go there to-morrow, the 28th, fron» fear of beiug' killed . .. .3457, 3465 

Eichard Levv^is whipped, to make him acknowledge shooting at Dr. Smith. . 1457, 3453 

no earnest etlort to lind out who murdered Vv'estbrook ; Prince Evans and 

Hii'dreth whipped 1458 

Dr. Neibling was visited a second tiuio by the ICu-Klux ; he was prevented from 

getting employment ; Robert Reid (colored) shot, Sumter County 3 459 

Richard Burke killed, Sumter County, 1869 or 3v^70 ; Guilford Coleman killed ; 

no pimishnients inflicted for these i^illiugs and wdiippings 1460 

n® disposition to arrest offenders ; the outrages are generally upon republicans ; 
tone of the democratic press as to th.ese outrages ; nature, object, extent, &c., 
of the Ku-Klux organization : election statistics of Greene and Sumter Coun- 
ties 3461 

III — A 



XXXIV 



Page, 

JONES, WILLIAM B., testimony of—Continued. 

if there had been a fail ejection there the republican governor and members of 
the legislature would have been elected ; republicans not safe in advocating 
their principles publicly ; 600 republican votes lost by the polls not being 

opened in McKinlcy 1462 

repels the charge of having made inflammatory speeches 1463 

democratic notices of witness's speeches 1463, 1464 

intimidation of voters ; social ostracism of republicans ; the fourteenth amend- 
ment a ciiuso of dissatisfaction 1465 

feeling of insecurity among the colored people so great that he advised them to 
migrate to Kansas ; emigration forcibly prevented ; discrimination in the ad- 
ministration of justice on account of color and political opinion; cases of 

Westbrook and Dr. Smith cited 1466 

charges of legislative corruption 1467, 1468 

was tired on in Cbickasabogue swamp 1453, 1468 

knows now who it was, but declines to give his name 1468 

after discussion in the committee, discloses the name 1469 

appendix to his testimony, being witness's letter printed in the Alabama State 

Jonrnal, October 31, 1871 1470-1475 

Jones, Mr., whipping of Amanda Childers by 1722-1724, 1723, 1734, 1950, 1960, J961 

Joy, John, killing of 1971, 1975 

Judiciary, character of the 617,618, 1411, 1412 

JUDKINS, OSCAR, (colored,) testimony of 1042-1048 

lives in Opelika, Lee County ; lived before in Chambers County 1042 

America Trambles killed by Ku-Klux, Chambers County, 1870, for boarding a 

female teacher and being a republican 1042, 1043, 1047 

•school-house burned ; no arrests made 1043 

colored man Idlled at La Fayette, at a political meeting, by Bill Adams 1043, 1044 

several negroes arrested and put in jail 1044 

house of Isaac Hyraan shot into and a torch thrown on it by some one in a 

torch-light procession, after the election of 1870 1044, 1045 

John AVard's house shot into 1045, 1046 

numbers left Chambers County on account of the Ku-Klux ; whippings numer- 
ous the last two years ; intimidation of voters ; school-house and church 

burned ; the whites opposed to colored schools 1046 

schoolmistress driven off ; son of America Trambles shot 1047 

Juries, character, composition, &c., of 53,93,555,751, 1035, 1039, 1009, 1070, 1746, 1765 



1637, 1638,1747 

Kelly, James, identified by Weir 695 

Kcily, Job, assaulted and rope put round his neck 917 

KELLY, WILLIAM L , testimony of. .V. !*". 1551-1557 

resident of Jefferson County 15S4 

native of the State '. '/. . /. ', '/. [[ '. ['. '. '. 1557 

knows Dr. S. D. Smith; saw liim the morning after Kobin Westbrook was 
killed ; no steps taken to discover who had perpetrated the murder beyond a 

coroners inquest j55l 

character of Westbrook I ! * . 1551 1 552 

Ku-Klux organization, its extent, &c 16^2, loq3 

whipping of Richard Lewis to compel a confession of his firing upon Dr. ^ 

Smith.. .... 1553-1556 

Kemp, John, whippmgof 93j 

Kenuard , Adam, w hipping of -WW" .\" .W"! ." 15S9,'i 606, 1624 

kernahan, Mr., killed by Collms _ 172 173 

Ketchum, Lewis, taken from jail, whipped, shot, and hung ' 740 775' 991 

KIDI), HENRY, (colored,) testimony of T' 867-869 

native of the State; lived in Madison County, on Henry Turner's pla'c'e 867 

was visited by Ku-Klux in November, 1869, and twice afterward 867 

intimidation of voters ' .^^g 

KILLENS, JANE, (colored,) testimony of "I."!! 1733-1734 

Kiirm^s— ^^^^^^ ^^^^ whipping of John Childer's daughter Amanda, by Mr" Jones", 1733, 1734 

Alexander, Jasper, (colored,) Sumter County, 1868. .1578, 1596, 1604, ;1621 16*^7-16'^0 

1631, 1671, 1798, 1799, 1808, 1809, 1944, 1945, 1954, 1964 



INDEX. 



Killings — Continued. 

Barbee, Mr., Limestone County 7:21 

Barber, Mr C!5 

Blair, J3r., son of, Limestone County T'Jl. 

Blair^ William, (colored.) Limestone County, December, IdO*.. 131, J-l^^, 674-G7C, 7 15. 

Boyd, Enoch, (colored,) Sumter County, September, ]>^70 IGT*) 

Boyd, Samuel, (Alexander,) (-Jreeno County, March, 1.^70.. 3, 7, 10, 13, :51), 48, 57-59, (-3, 
]01, 178, '212, 2J3, 2*29, 254, 20)5-2(17, 273, 275, 277, 279, 281 , 297-3(i(). 312, 313, 318, 33:^. 
345, 351, 365, 387, 420, 444, 528, 529,555, 556, 1170, 1212-1214, I4U9, 1419, 1421, JG43, 

1842, lt^4 

Brownin<r, Dr. , Sumter County, 1 869 6 

Bryan, ^Ir., Sumter County, April, 1868 1C77 

Burke, Kichard, (colored,) Sumter County, August, 1^70. . 1)34, 335, 340, 349, 35J, 91V, 
999, 14(jO, 1578, 1579, 159r), 1.597, l()U7,*l()32, 1033, 1737, 1775, 1781 , 1798, Ih70, b-O^^, 

1812, 1821, 1944, UV.4 

Burrus, ^Ir., Limestone County 058, OC 9 

Caldwell, S;n>i.. (colored,) Greene County, spring of 1"^70..3, 0, 205, 273, 1789, 1795, 

1790, 1811. 

Campbell, Lem., (colored,) Choctaw County, October, 1871 .. 1334, 1301-1?03, b-t;9, 

1^85,1902,1913 

Campbell, Mik^, (colored, ) Choctaw County, 1871 1334 

Campbell, William, (colored,) Madison County, July, 1809.. 133, 149, 1 102, 1 104, 1 197- 

l!i9 

Carpenter, James, Greene County 1.77 

Carpenter, Jolin, ( treeue County 277, U'/ 8 

C'ate, Samuel, Jackson County, January, 1>71 110, Kw, 428, 4.>1 

Charlton, Judge, ^lorgan County, winter of 1H>;> 132, 325, 0)10, (ill , 777-780, 1211 

Childers, Amanda, (colorrd,) Suinler County, Julv, 1871 1722-172 J. 1733, 1734, VXO, 

1900,1901 

Clark, Jerry, (colored, ) Sumter County Ji»02, 1072, 1738, 19 19 

ClitF, 'Oony, (colored,) Calhoun County, July, 1^70...^. 71 

Clunn, Henry, (colored. )Madison County, December, 1870 009,071,9' 0 

Cobientz, Mr., Sumter County, Augu:st, INJ9. .344, 1574, 1575. l.')94, 1598, 10O2-l(;<'4, 
1022, 1025, 1031, 1032, 10,73. 1737, 1817, 194(>, 1947, 1951, 1904, 1 jt.5 
Coleman, (Juilford, (colored,) Greene Countv. June, l'-7U .13,273,277, 1 100, 1788, 17-9, 

1795, 1^-39, 1>42, 1844 

Collins, Mr., Sumt'-r County, 1870 13.57, 1.'09, V'>"0, 1579, 1580, 1582, 1'trJ 

Colvin, Sam., (colored, ) Greene County, December, 1^19. .3, 203, 200, 273, 301, 312. 313. 

318, 1214 

Cross, Flem., wife of, Sumter County, J 7 '.'4 

Crossland, ^Ir., Tuscaloosa County, November, I'^O^.. 175U, 1707, 1708, J85l,l852, 

1971, 19-^0-]9-2, 1991, 2000, 2002-2(U 
Diggs, Frank, (colored,) Kewaunee, Mississippi, October, 1570.375, 393, 394, 1050, 1325, 

132^ 1329,1433, 1439,1440 

Dougherty, Mr., ^Madison County, b'^0)9 92D 

Douglass, Mr., Jackson County, January, 1>71 428 

Dunn, Mike, (colored,) Choctaw County, October, i-71 .. 1300, 1301, 1305, 1054, 1901, 

1912, 1913, 1918 

Edwards, Nathaniel, (colored, ) Choctaw County, l"-o9 102, 19i9 

Evans, Willis Monroe , Madison County, August. 1^09 1190 

Ezell, Isham, (colored,) Choctav/ County, Sept^^n^^' i", I'^^'l 1301 , 1.304, 1655, IDi 8 

Ezell, William, (colored,) Choctaw County, July, 1^71 .1207, 1809, 1^^5, 1901, 1912, 19J3 

Fearon, P^lliott, Marsluill County, October, 1809 9^2 

Finley, Mr., Tuscaloosa County, ]>09 1751 , 170^, 1852, 1971, ll'72 

Francis, Mr 1 oO 

Frankenham, Mr., Tuscaloosa County, 1071 

Frederick, Caesar, (colored,) Calhoun County, July, 1870 77 

Geary, Andrew, (colored,) Macon County, October, 1870 1092-I(j4 

Gibson, Isaac, (colored,) Morgan County, 180"^ 942 

Granger, Alfred, (colored,) Dallas County c75 

Grattan, Mr., Sumter County, I860 It 34 

Greathoiise, (colored,) Perry County -^.7 

Hall, W^illiam, (colored,) Calhoun County, July, 1^70 77 

llairis, Berry, (colored,) Chatham County, July, 1870 77 

Harris, Nelson, (colored,) Greene* County ^' 2 

Harrison, Fiank, Saint Clair Comity, August, 3870 1172, .^^9 

Harrison, Mr., Limestone County ; ' 8 

Hart, Dudley, SumtCi County, August, 1809 1001, 



XXXVI 



INDEX. 



Killinj^s— Continued. 

Ihuipfliey, Thonifts, Lawrence Ccuiity ]73 

Hendricks, Essex, (colored, ) Calboun County, July, 1870 77 

Hoppc, Mr., Sumter County, January, 1870 1677 

Hunter, Isaiiih, (Isaac,) (colored,) Sumter County, April, 1870.. 1609, 1610. 1675, 1737, 

1744,1949 

Isham (Ezell,) (colored,) Choctaw County, 1871 1334,1335 

John, (colored, ) Choctaw County, 1871 1335 

Johnson, Rev. Mr., Fayt-'tte County, 1860 128 

Koruahau, Mr., Colbert County 172,173 

Ketchum, Lewis, Blount County, December, 1870 742,775,991 

Larkin, Xed, (colored,) Jackson County, December, 1870 451,932 

Larkin, Ned, brother of, (colored,) Jackson County, December, 1870 451 

Luke, William C, Calhoun County, July, 1870 77,223,386,429,445,609, 

1173, 1235 

Lyon, Abe, (colored,) Choctaw County, June, 1871 1262, 1263, 1265, 1266, 1269, 

1270, 1334, 1360, 1412, 1413, 1424, 1426, 1427, 1514, 1654, 1868, 1869, 1882, 1883, 1887, 

1897, 1899, 1900, 1901,^905-1909, 1914-1916, 1918 

mail-agent, Sumter County ! 1419 

Markbam, John, Madison County, September, 1871 920,921 

Martin, James, (colored,) Greene (bounty, March, 1870 3, 1214 

McCanu, Harvey, (colored,) Perry County 

McKee, Mr., Limestone County, September, 1870 659 

Miller, Henry, (colored,) Greene County, spring of 1870 3,6,265,277,1214 

Miller, Mr., Tuscaloosa County 1750, 1751, 1853, 1971, 1973, 1984, 1991, 1992 

Moss, Abram, Macon County, October, 1870 1092-l<i94 

Murphy, Sheriff Levi, Blount County, August, 1868 748,765,766,773,992 

Palmer, Mr., Greene County 278 

Pearl, Dennis, (colored,) Sumter County, March, 1868 1672, 1673 

Kagland, (Raglen,) Fenclon, Morgan County 428, 610 

Rogers, Anthony, (colored, ) Sumter County, 1871 H;77 

Rogers, Mr,, Sumter County, April, 1870 1077 

Rogers, Thomas, (colored,) Choctaw County, June, 1871 . 1654, 1655, 1869, 1885, 1901, 

1912,1913,1918 

Samuel, Mr., Tuscaloosa County, spring of 1870 1749, 1854,1975 

Sapp, Mr., Lawrence County, May, 1869 942,1162,1196,1197 

Scales, Sam, (colored,) Limestone County, spring of 1870 6GG,71[) 

Scarborough, Mr., Sumter County, April, 1869 ! 1677 

Simpson, Mr., Tuscaloosa County 1971, 1972, 1984, 1985, 1991 

Sledge, Dennis, (colored,) Sumter County, 1869 1739,1949 

Sledge, Frank, (colored,) Sumter County, 1869 998,9,91? 

Smith, Mr., Madison County 611,786,893 

Snoddy, Samuel, Greene County, December, 1870 2, 3, 6, 49, 258, 265, 277,' 313,' 318 

Snodgrass, Ben, Calhoun County 4->s 

Strange, Mr., Limestone County 058 

Stratton, Mr., Sumter County, July, 1867 1677 

Thomas, N. E., Choctaw County, June, 1868... . 1671, 1672, 1701, 1702, 1883-1885, 1895, 

Thompson, Bob, (colored,) Calhoun County, 1870 428^^)6? 

Thurlow, Judge Silas, Madison County, 1868 115,432,442,452,599,602,614,618, 

, , 690,786,820,874,900 
Irambhcs, America, (colored,) Chambers County, 1870 1042, 1043, 1047, 10^7, 1J14, 

rr . o 1115,1117,1118 

Travis, Mr., Sumter County, 1669 999 

Washington, Bill, (colored,) Tuscaloosa County, spring of 1871. !!.'i854, 19^5 

^^ebb, Alexander, (colored,) Hale County, 1867 1479,1492, 1521, 1522 

Westbrook, Robin, (colored,) Marengo County, July, 1871 1243,1252, 1354, 1367, 

1389, 1391-1395, 1404, 1429, 1430, 1441-1443, 1445-1447, 1511 

whi es, (names not given) 1409,1419,1643,1749,1750,1753,1986 

^JV;.^t°^?' X^^g^>) J'^z^'kiel, (colored,) Sumter County, October, 1871 1356, 1358, 

Io6o-15b8, 1571-1573, 1593, 1594, 1604, 1605, 1622,1631,1639,1701,1717,1718, 1799, 
Avn- XT y^r ^ 1808,1945,1946,1964 

Williams Mr^ Morgan County, May, 1870 134,931, 1^8, 1142, 1 143 

W ilson, Mr., Tuscaloosa County J971 

Woodward, Dud, (colored,) Choctaw County, 1868 .". *.*!".""i904,"i905, 19J8 

AN right, James K. P., Madison County 43'3 451 

Yankee Ben, (colored,) Sumter County, 1869 3670, 1671, 1738, 1949 

V A»^dersuii, son of, (colored,) Sumter County, fall of 1870 1735. 1743, 1749 

King (Mckinney, ) Lina, whipping of 733 767 



INDXE. 



XXXVil 



Page. 

KIXXARD, MICHAEL C, testimony of 1730-1733 

resident of Liviugstoti, Sumter County : a physician ; superintendent of 

schools 1730 

exuiinned Kobert Fnllerlove yesterday: found no evidence of his having been 
struck on the head^ and none of anything* like a person having' been 

whipped - J7oU, 1732, 1733 

people very much interested in reference to educating the negroes J 730, 1731 

twu school-house^ burned: thirty-one or thirty-two colored schools in tlie 
county ; averaiic attendance one thousand or eleven hundred ; about six 
hundred white children attendiug schools; schools kept open from three to 
six months last .var, varying accordiEg to the apportionment of money to 

the diftVrent districts 1731 

j.roLrress made by the colored children in their studies 1732 

Knijiht, Jesse, shootiL:^ of (died in a few days) lV;7 

]<n!c:}(ts of the Whit*- Cameiia 2i'>^ 

Ku*K lux, effect of uoon labor and negroes. (;?, tiO, Col), l)J4, 1007, 112S, 1137, 1131), 1363, 13^'), 
i:)l'J, ir,-.>.;t, !r):]()-i-;;tj, j:,-/.), JS(»7, Jb-iH, IHl'J, 1914, l*)]<b J Do I , '>( n 2 

notices J. C,;], Ju;5, 10 1, lU^, 41-. 123, lOlD, 1037, 1041), 105] , 11)52, J()r)4, 113-', 

lir>J. 127-. I2J:),'I21M, 13-J^, 133ibl431, 1^72, lh>l), 1917, 1021 , ]1L>2, 2Ui 2 

^--j-i o arrests, convlcrions, cVc, for outrages of 9, 17,0^,92,93,9^, 1"7, 12"^, 203. 2(}' 

3(»i,3.33,34!l, 34:>,3.47,3--',4n,4I9,420, 45'^, 179,493, r>3i), 540, 532, 553, 59^, ()17)r)4u, 
♦ L^2, 724, 775 -:;7. ■-7<», r-97, .-9^', 923,931,9^0.990,992, 1002, l(if3, 1007,1020,104 
1050, U;8.-', J( 9(*. 114(M175, 1244. 120*), 12-9, I3()]-I303,, 13()8, J373, 1420, 1430,143:], 
1434, 1400, 15n^', 154-, 1577, 157-', lOOU. 1013, J029, 1031, 1033, 1701, 1722, 1724, 1741, 
1791. 1>22, 1<14, 1-47, 1.-52, 1>53, 1S54, iSSi), 1914, 194>^, 1949, 19, 5 

i^alliation or justilicat'on of :>99, 457, 551 , 1531 , 15;>J, 1 ^•(»7, l.-f) 

organization and nuetlugs against 77"^, 779, .^"^3, I^7ib b--3, l^.-^O, Ii;5'>, 195, 

lirst oi)erations vi 8(), 432, 477, 47>, ('23 

extent vi\ strength ef 79, :;23, 3-5, 400, 4-9, 753, 75(1, 775, 1130), 12-0, 12-2. 1401, l-./l 

existence or nOi.-exisfence of.2.59, 274, 2-3, 2.-0-2-8, 3u5, 3»2:>, 3,50, 3<)1 , 39-', 405,431 , 
451, 4-5, 51 -,0( '2, 040, IU3.-, 1(>7(), 1487, 15(13,10-5, 1701, lh42, 1920, 19i;3, 1907, 19i;s 

object of 79, 9 j, 90. 171, 2(i0, 3-7, 4 i:;-440, 477, 519, iiOl , Oo:b 024, 049, 747, 783, 84n, 

.-72, '-7:5, ."92, 113H, 1139, 12^0, 1437, 14:*-, 1488,14-.). 

153(1, 1.5:v2, 1803, 1804, 1-23, b-TjO, 19^ 

character of disguises worn by 120, 101 , 275, 3^5, 47 1 , 528, 529, 53,0, 574, 579, 597, 

598, 027, 723., 513,800,919, 1910 

origin of 450, 481, 00(f-0()2, 715, r-52, t92, 893, 12-3 

method of operating of 170, 258, 352, 472, 4^0), 490, 089, 729, 1282, 1513, Im'O 

Governor I*. 11. Lindsay's views as to 212, 213, 2',i2 

J. H. Clanton's views as to 2'i9, 240, 242, 253 

Keavis's views as to 332-3.14 

Ilerr's views as to 17^.9 

public opinion opposed to 201 

meaning of the v> ord 3^0,3; 2 

disban<iiiig of 452, 0(;0, 022, 004, 720, 7-5, 935, 1-94 

composition c»f 457, 480, 1844 

general leeling toward 479, 1137 

justification for organization of ?'77 

exelasively democratic 8l'9 

no necessity for 907, 1423, 1-43 

leading cause for ihjS 

obligation of 1 129 

Ku-Klux act iState. opposition to, effect of, cK:c 019, 050, 004, 005, 720-722, 724, 810, 835, 

830, 852, 8.0 

preamble to, views as to 004, 065, 835, 830, 890, 1754-1750, 1 ;59, l^'5 

enforcement of 10, 32, 93, 108, 321, 322, 329, 339, 347, 3i9, 354, 355, 410, 4i 1, 

413, 458, 18.55 

L. 

Labor contracts 1290, 37578, 3709 

Labor, difficulty in prociu'ing, vScc 1312, 1318, 1020, 1718 

La Fayette, interruption of meeting at 3 08o-109U 

La Grone, Katie, whipping of 417, 422 

Lakin, Kev. A. S., character, actions, &c., of IK), 219, 23^ '^52, 325, 328, 430 594,595, 

012, 013, 615-019, 024-020, 733, 757. 758, 784, 785, 791-800, 810-812, 1 lOr?, 1 109 
Lakin, Pvev. A. S , case of.427, 430, 433, 434, 43--441 , 440-449, 451 , 458, 4('.0, 615, 731, 734, 735 

LAKIN, Kev. A. S., testimony of 111-159 

resident of Muntsville since 1805: minister of Methodist Episcopal Church; 
presiding elder of Montgomery district 311 



XXXVIII 



INDEX. 



Page. 

LAKIN, Rev. A. S., testimony of— Continued. 

elected president of State University at Tuscaloosa, and prevented from taking 

the office - — 

house fired into 116, ]42, 143, If)^* 

horse sheared 'J^i 

liredat i^G, 3 

house burned • - ^ ' \ 

disguised men, operations by bands of 11", 117, 118, 121, 122 

disguised men, object of bands of i 112, 138, 154 

disguised men, demonstration in Huntsville by 114, U5 

disguised men, effect on unborn children of. sight of 118, 119, 120 

disguised men, disguise worn by. 120 

disguised men, operations of, commenced in spring of 1868 135 

articl'e and wood-cut from Tuscaloosa Monitor 113, 114 

whippings and shootings 133, 134, 157 

killing of Judge Thurlow 11^ 

killing of Samuel Gates 140 

killing of William Campbell, (colored) 133,149 

killing of Williams 134 

killing of Francis, school-teacher 136 

driving away of J. A. McCuteheon 127 

driving away of James Buchanan 127 

driving away of John W. Tulley ^ 127 

shooting of Jesse Knight 127 

shooting of Rev. William Johnson 128 

shooting of Judge Charlton 132 

shooting of Prior Turner, (colored) 133, l.^^O 

whipping of Horton , 119 

whipping of Moses 13. Sillivan 123, 127, 146 

whipping of Rev. Mr. Hill 126 

whipping of Dean Reynolds, (colored).- 127 

whipping of James (Isaac) Dorman 128, 155 

whipping of George Taylor 128 

whipping of William lilair 131, 148 

whipping of William Harper 140 

whipping of Simeon Bush, (colored) 133, 151, 152 

whipping of Mrs. Riddle 157, 158 

no punishment for Ku-Klux outrages 128 

no power in State courts to punish Ku-Klux 132, 153, 156 

opposition to Methodist Episcopal Church 124, 125 

opposition lo education of negroes 140 

inflammatory speeches to negroes 158 

school-teachers outraged, school-houses burned, and churches destroyed 140 

Lane, Tobias, letter to Jolm B. Cecil 1664 

Larkin, Ned, killing of 451,932 

Larkin, Ned, killing of brother of 451 

Larkin, Ned, shooting of son of 932 

Lassiter, Aaron, whipping of 5o5 

Latham, Mr., whipping of 104,2000 

Lawler, George, whipping of 681 

Lawler, Samuel, raid on Yfouse of .* 1231,1232 

Lawler, Samuel, shooting of 932, 1231, 1232 

Lawrence County, outrages in 1162, 1196, 1197 

killed in : Mr. Sapp, Thomas Haughc}' — 2. 

League, Loyal, -organization, extent, Asc 7,8,35,88,92, 170, 179, 229, 233, 240, 28^, 

291, 305, 313, 357, 362, 371 , 381 , 384, 393, 397, 398, 432, 475, 4S7, 683-686, 783, 818, 839, 
840, 65.5, 872, 873, 885,886,887,894,907,962,975,1017,1382-1384,1422,1423,1437, 
1438, 1637, 1642, 1645, 1662, 1663, 1665, 1678, 1682, 1687-1689, 1692, 1693, 1811, 1890, 

1895,1960,1902,1963 

Lee, Arnold, charged with killing Isaiah Hunter 1675, 1676 

Lee County free from disturbance 1100 

Leo, Mr., identified by Childers 1721 

LEE, WILLIAM, (colored,) testimony of 1333-1337 

lived in Choctaw County four years 1333 

his house visited by disguised men, two weeks ago, and search made for him.. 1333 
Lem Campbell shot and his throat cut same night ; killing of Abe Lyon and 

Mike Campbell ]334 

killing of Isham, (shot and throat cut) 1334, 1335 

Isham's wife shot ; John shot; fifteen or twenty colored persons whipped 1335 



INDEX. 



XXXIX 



L12E. WILLIAM, (colored,) testimony of— Continued. 

Abe Lyen's cuiiditiou in life lo;>> 

probable motive for all these attacks 1337 

Li'gi.shlive corrnption 1411, U2\, !4G7,14(jS 

Lt^niou. Ben, renounces his radicalism lo*27 

LENTZ, WILLIAM H., te^'iimony of 72'2-7:3S 

resident of Limestone County; is slieriif ; a native of the State ^ TCJ'i 

a re])ublican 700, 7*J7 

wu to iitteen ontrat^es in the county 7C"j 

character of Ku-Klux disf:^uises 7-J*2,7*2:'» 

general disarnnnent of the blacks in l^ij'-^ 7'j:i 

citizens driven from home; ]\[oore, captain of a Ku-Klux organization; the 
strenf^th of the order and its disbanding- ; unpo])iilarity of the State Ku-Klux ^ 

law of Dccemljer, 1^06; no one brought to ])unishment 7i24 

general disposition to break up the organization ; number of republicans in 

Limestone County _ 725 

ol>iect and standino- of the men assuming disguises sinc»^ the disbandment of 

tlie Kn-Klnx.-.." , "^^^ 

Leonard. Ikn, renounces his political opinions ]79'>?, 171H), 171.>7, IS^-^, 

Li:OXAKI ), I'>EXJAMIX, (colored,) testimony of 17dO-17L>7 

lives ill (;re( lie Conntv ; native of the State lli^,} 

a mechanic ^ 1'^"^ 

came here last Tuesday for the purpose of testifying before the committee, and 
waited to be called ; what induced him to leave that day and not como be- 
fore the connnlttee 17."^5, 17'J:j 

witness in cnsti)dy of the sherilf, on a charge of nmrder, with others, stopped 
on the way to jail by a baud of disguised men ; two of tliem taken from his 

custody and one llred on 178(5, 1794 

was taken betbre court and discharged ; re-arrested for carrying concealed wea- 
pons r 17H7, 171)5 

onua^e upon Lucy ]]reathitt 17"'''^ 

killing of ( r nil lord Coh'mtm, colored, ! >70 17S-', 17^9, 17i>5 

killing of Sam Caldwell, 1-70 ]7-^9, 1795, 179i) 

shootieg of Ilerny Dew ; Littleton Hood whipped 17.^9, 1799, 171K) 

wli;p]»ing of negroes has been going on for four years ; Ku-Klux operations in 

Pickens and Greene Counties 1790 

intimidation of voters 1790, 1791, 1792, 1793, 1798 

does not know of a case of the punishment of a white iium for whip})ing or 

Mtaltreating negroes 1'91 

intimidation of c«implainaLts ; colored people are jjrotected v/heu they vote the 

democratic ticket 1792 

witness renounced his rej)ublicanism by card in the Lutaw Whig : did it to 

buy peace; still a re])ublican in sentiment 1792, 179(j, 171^7 

murder of Mr. Flem Cross's wife 1794 

Leonard. Joe, identiHed by Wat ley ^ ^ 

Lt siie, J(.hn, outrag(3 on wife of, and raid on house of 1 IG*^, 1204 

Leslie, John, shooting at 9-29, lUW, 1204 

Leverett, Mr., whipping of 1740 

Lewis, John A..identiHed by Few 1083, 1084 

Lewis. lilchard, whipjnng of 13-9-1391, 1457, 145-', 1517, 1553-1551; 

LILK, JOIIXA., testimony of 939-944 

lives in Morgan County; freight agent - 949 

mixed democratic club at Trinity Station in l^'o8; Jesse Brown a member of it ; 
several of the members w]iii)ped by disguised men to break up the club, and 

by intimidation to ])reveut them renuiining in it 939 

U'eans used torai.se this club 940,941 

killing of Mr. Sapp (white) and Isaac Gibson, (colored) ^ 942 

Limestone County, party vote in 6G2, (io3> 

disturbances in 961 

number of outrages in 134 

outraged in : Wilie McGregor— 1 ; killed in : Mr. I5arbee, Dr. Blair's son, 
]SIrs. Jjhiir, Mr. Barnes, ^h: Harrison, Mr. McKee, Sam Scales, Mr. Strange— 
: wliipped in : iSlr. liarbee, Augutus Blair's wife and daughter, Mrs. Blair, 
Mr. Harrison, Mr. Simmons, L. L. WVir, Joe. Garborough — 8. 
Linden, disturbance at.. 1301-13OB, 1313-1315, 1317, 13G9, 1370, 1372, 1373. 1377, 1433, 1444, 
1445, 1447-1450, 1453-1457, 14t)1, 14(35, 1504-1509, 1514-1516, 1537-1543, 1545, ,1546 

LiudsriV, Mr., raid on house of 946,947 

Liuisay, Duce, identihed by Henderson 579,580 



XL 



INDEX. 



Page. 

LINDSAY, Governor BOBERT B., testimony of ^^^"'^7^ 

froveriiur of Aliibania ; lawyer by profession Jo.) 

native of Scotland ; ^vent to Alabama in 1849 ; elected to legislature in lbo3 . 1/4 
elected to State senate in lb57 ; on Douglas electoral ticket in 1860; de- 
nounced secession J^^ 

called upon to protect people from acts of violence rC'r ' one 

security of person and property l^-^j 1G0,206, 207 

disguised men, operations of bands of IGI, 170, 171, 212, 2J[ 3,22-3 

disguised men, object of, to counteract Union League 170, 171 

disguised men, no convictions for acts of 203 

disguised men, public sentiment opposed to ^- 203 

disguised men, counties responsible for damages by 172,212,224 

negroes disguised and committing outrages 162, 172,211 

whipping of negroes 203 

feeling between branches of Methodist Church 180,208,218 

election laws, &c 1^5, 186,209 

feeling of people at close of war - 390, 191,201 

opposition to reconstruction c 188, 189,202,214,215 

opposition to negro suffrage 191,202 

election contest for governor 181,182, 183, 184, 192, 193,216,217 

general amnesty 192,200 

railroad bowls 193-199,218 

freedom of political opinions 174,220 

republican officials threatened ^ 176, 178 

no person whipped because of political opinion 175 

riot at Eutaw, Greene County 221 

character of Judge Luther R. Smith 176, 177 

character of Rev. A. S. Lakin 180, 219 

killing of Cates 167 

killing of Kernahan by Collins 172, J 73 

killing of Jlaugliey by Collins 173 

ki'ling of Alexander Boyd, solicitor 178,212,213 

killing of Luke 223 

shooting of Larkin, (colored) 169 

whipping of Iseaac Dorman 162, 163, 164,181,211 

whipping of Georgo W. Ilollowell, (colored) 165, 166, 167, 211 

whipping of Harper 167 

whipping of McGregor 168, 169, 212 

hanging of colored men in Tuscumbia ^ 179, 212 ■ 

concerning Union Leagues 170,179 

Lipscomb, Peyton, shooting of 669, 945, 950, 952 

LIPSCOMB, PEYTON, (colored,) testimony of 951-953 

was in the Union Army ; whipped in Tennessee by disguised men for voting. 951 

whipped and shot in Madison County ; Washington Strong whipped 952' 

has not voted since he v/as whipped in Tennessee ; is afraid to vote 953 

Lipscomb, Sib., identilied by Westbrook 1244'" 

Little, Harrison, killing of Rogers by J 677 

Livingston, iuterruption of meeting at 1617, 1638, 1711, 1712, 1741 

riot at 1615, 1682, 1772, 1773, 1776, 1780, 1835-1837 

Locket, .Joe, whipping of 929 

LONG, BURTON, (colored,) testimony of 1149-1154 

residentof Russell County ; was a slave ; native of Virginia 1149 

a republican 1 150 

candidate for the legislature 115U- 

disfranchisement of two- hundred republican voters at the election of 1870.. 1150, 1 351 , ^ 

1152 

was arrested, charged with perjury, and confined in jail 1151, 1152 

received a Ku-Klux letter 1 151 

colored people arm on the report that ho had been put in prison, and Richard 

Mack killed, and disperse on order of the sheriff 1 153 

report of the grand jury of the city court of Montgomery, as it appeared in the 

Montgomery Advertiser of October 20, 1871 1 153-1154 

LOPER, CHARLES, (colored,) testimony of 1113-1114 

lives eight miles from Montgomery, on the Rolland Brassel plantation ; a 

democrat ; was a slave 1113 

has never been threatened by colored people for wanting to vote the democratic 

ticket ; neighborhood peaceable and quiet ; good feeling between the whites 

and blacks ; some negroes vote the democratic ticket ; they are not molested 1113 
Lovct, Mr., whipping of I(j77 



INDEX. 



XLI 



LOW, ITEXRY, (colored,) testimony of 

Ibrmorly resided in Pickens Comity ; left in October. 1-^70 199G 

liis bonso attr.cked by disp;inscd nieu ; v/a.s shut at, taken out, and beaten with 

clubs : n^anner of Avhippinn^; wLinped on account of his politics ; would rather 

not give the names of those b.e rccuc^uized 1997 

■was n.'tiiied to leave, and left; whippini^- of Sam Low, Doc Johu;'on, Bob 

Stocksviile. Tor.i Gardner, Willie llargrove 199S 

Low, Henry, wliiDpii!i>- of 1995, 1 ^-97, 2UU1 

LOW, SAMUEL,* (colored,) testimony of •J(K)5-ii.'()7 

lived in Ti-ki'Ds Coniity; voted the i-;^lic;ii ticket 

was visited by the Ku-Klux, taken out, and whipped 'JiXto-LHu/T 

whipped tor liis j)ornics; was v. arncd to leave, and left because ho was afraid 

to remain ; whit^piurr of I^ob Strcksville, Wiliie llarg-rove, and Dock Johnson 200(3 

L')w, Samuel, wliipoin;,- rf i 1994, 199H, x>OU] , 'J0Or>-'J0u7 

LOWK, W1LLL\M M., testimony of 871-912 

native of the Sr-.Ti' ; lives in IluntsviUe ; thirty years old ; a ki A-ytr ; elected 

solicitor in J^f.o 671 

was in tiie rebel army ; was a member of democratic State committee ; ohaii ii;au 

of county committee mid of coii<i:i\s^ional commiitee 87o 

resifriied the tii'st two whoii elccred to tho lep'ishituro Sd4, 

went into rebellion vuluntnrily 9lv) 

prosecuted indictments a^-.*rrr«st William Shapard lor ho£r-stealinp; and assault 

wit!', inrent to kill; defendjmt mad(^ ahidavit for a continuanccf 671,8^5 

character of Shapard S72, ^c-o 

the law as will enforced now as i*" ever has l)een in the State; the cminty 

j)eai-»'able ; public seiitipiont decidly in favor of law and order (^7*2, 9i'S 

objtTtsj^jjjd, character of the J^ oyal Leai^ia ^ ^7;'>, f~^r), ^^(\, h;-^7, 694, 91 17 

an"(l'^the"}uriTbix Ki aTi . : .7, . . . -72, 67;",, ^7(1, >77, S'JJ, ,-9:5, ,-94, .-99, 907, 90.-, 9< 9 

the Huntsville riot of b-tis -7;;, -7 1, 9(i9, 90J , 902. 910 

kiliiufi* of JudjM' 'J'hurlovv-; Mr. Cox and Koper wounded i-74,9<if» 

ori^'in of the riot ^75 

attempt of witness to or«j:;anize the " Order of Lcace " -"^77 

intimidation of democratic colored Vi)ters b7-' 

dissatisfaction with the first State ixo^'^'i'i^iii'f^Jit imposed b}' act of Con^ness ; 

the causes thereof; character of tiie otiiccrs elected 676----} 

charges ag-ainst A. J. Apple;:^at<% former lieutenant governor .-79--- 1 

meeting in denounce Ku-Klux; Xoith Alabama, prior to the ^var, strengly in 

favor of the Unii'ii '"-"> 

shooting of I'rior Tnrner (colored) by disguised men 6-^;^, 7 

tone of })olitical sentiment of tlie white poiiulation b-l>, ^"^ l 

no prejudice against northern settlers ?*"1 

dehnes a "carpet-bagger" t-7 

vSenators Warner aiid Spencer carpet-baggers 6.-7, r^-6 

deiiiies Ji "scalawag" ^'"6 

names carpet-l)aggers and scalawags who hold or are seeking oftice 6c^ J, >^90, -91 

carpet-bagger is Tiever under any circumstances applied to a democrat &91 

liuntsvilie newspapers denounced Ku-Klux outrages ; Smith hung by dis- 
guised men ; tvvo negroes killed &9o 

never heard of the Ku-Klux whii)])ing a negro for voting tiic republican ticket ; 

heard (.{' a few cases of outrage in the way of whipping, taking of arms, ^.^vn-.; 

not two dozen in the county 695,699 

his attention called to the preamble of the Stale Ku-Klux act of Deceml)er 2t), 

]b06; the state of things recited therein not tiiic, but false and (exaggerated 69G 
does not remember a case of Ku-Klux outrage brought to trial and judgment. . 897, b9S 
has heard of outrages in Madison Count}', since the Klan was dissolved, by bands 

of disguised men ; they do not exceed two or three ; and but fev.- in tlie 

State; the Patona and Eutaw atlair and the Coosa riot; charsic^er of the 

negroes as to veracity 693 

is opposed to negro suttrage and to their holding oftice 902 

views as to the right of negroes to assemble and determine their political action, 

iJvic. ; registration oath taken by witness 903 

organized two negro cJubs in Huntsville, in .1670 903,9(4 

number in the State disqualltied under the fourteenth-amendment 906,911,912 

opposition to applying to Congress for relief; those who went into rebellion did 

not commit treason 9( 4 

liis views as to secession and citizenshi]) 904,1 5 

organization of the re])ablicun ]uirty in the State 905, 9i o 

reorganization of the State government 900, 9o7, 9b9, 910 



XLII 



INDEX. 



/i 



Page. 

LOWE, WILLIAM M., testimony of— Contiuued. , 
objectionable features of the constitution : behavior of the colored people since 

tliewar - — ^^'^ 

the couikse the colored people should have taken on reorganizing under the 

leconstiuctioii acts ^03 

antagonism of races ^09 

the two races could live peaceably if the negroes were non-voting 910, 911 

relative vote, white and colored, in the State 911 

Luke, William C, killing of 77,223,386,429,445,609,1173,1235 

Luney, Corey, shooting at ^^30 

L30U, Abe, killing of 12G2, 1263, 1265, 1266, 1269, 1270, 1334, 1360, 1412, 1413, 1424, 

142J, 1 127, 1514, 1654, 186S, 1869, 1832, 1883, 1887, 1897, 1899-1901, 1905-1909, 1914- 
/ 1916,1918 

LYON, ELIZA, (colored,) testimony of 1262-1271 

lives in Demopolis 1262 

her husbaud Abe killed June 6, 1871, in Choctaw County 1262 

particulars of his killing by disguised men, their number, disguises, &c 1263, 1265, 

^ a ^ o 1266, 1269, 1270 

her property stolen same night 1263, 1264, 1270, 1271 

her life was threatened and she left; was pursued 1264, 1266, 1267, 1271 

no coroner's inquest held ; no one ever prosecuted for the murder ; all the white 

l)eople in Choctaw democrats ^ 1266 

William Ezell (colored) killed, and a colored man named Isaac 1267 

colored woman whipped 1267,1268 

schools broken up 1268,1269 

church burned ; Judge Smith's gin-house and fencing burned 1269 

thought that her husband being a witness in a case between him and Mr. Wil- 
liam Tucker might have something to do with his murder 1269, 1270 

LYON, FUANCIS S., testimony of .... 1408-1428 

a citizen of the State since its organization and while it was a Territory ; was 
in State senate and.houso of representatives; in the Congress of the United 
States, and a member of the confederate congress from 1862 or 1863 to 1865. 1408 

was State commissioner /1411 

agent of the confederate government for receiving subscriptions 1426 

has no personal knowledge of the Ku-Klux order 1409 

killing of 'My. Boyd, solicitor of Greene County, by disguised men 1409, 1419, 1421 

some negroes and a white man taken from jail and hung 1409, 1419 

the great mass of the people loyal to the Government since the wax ; recon- 

struciion measures and State constitution objectionable 1409 

cause of dissatisfaction with laws of the State, that they were passed by per- 
sons who were not authorized by the people ; tho constitution not adopted.. . 1409 

the tax law of 1868 .'. 1409, 1415, 1416, 1417 

the election law and tho law authorizing counties, &c., to subscribe for stock 

in railroads 1409 

acts of oppression by officers of the Federal Government, viz : the seizure of wit- 
ness's cotton, and that of others ; the arrest of six or seven men of Eutaw 
upon a charge of riot or assault, and sending them to the Dry Tortugas ; the 

the arrest and handcuffing of Mr. Barker 1410, 1414 

state of feeling between the white and colored people 1410, 1411 

all civil rights are accorded to the negro 1411 

character of W\ B. Jones and his speeches 1411,1422, 1423 

knows of no intimidation of voters 1411 

State debt at the beginning of the war, during the war, and since ; its great 
increase caused by the loan to the Stanton Railroad, to the Mobile and Mont- 
gomery road, and by tho indorsement of the bonds of every railroad built in 

the State 1411,1417,1418,1424 

openly charged and believed that these loans were procured by bribery 1411,1418, 

1 1 1. ^^-^ 
tho laws have not been executed satisfactorily ; the judges strangers or carpet- 
baggers ; some not qualified 1411, 1412 

account of the killing of Abe Lyon given witness by Eliza Lyon ; Abe Lyon's 

character 1412, 1413 H24, 1426, 1427 

suits for treason before Judge Busteed 2... 14 J5 

general disposition to obey the laws; Judge Luther K. Smith's miil burned; 

killing ot a mail-agent in Sumter County 1419 

whipping of Mr. Neibling 1420 

organization, extent, object, &c., of the Ku-Kl'ux '1420," 1421, 1422 

a majoiity of the persons injured republicans ; tone of the democratic press as 
to Ku-klux outrages ; no one punished for- these outra^-es 1421 



INDEX. 



XLIII 



rase. 

LYON, FRANCIS S., testimony of— Continued. 

treatment of northern settlers ; feeling toward scalawags 1A22 

exteiit, tSjc., of Fuion League 1422, l42'o 

Ku-Klnx organization, &c. 1409, 

iiielTiciercy of officials ]4'i'.), ]4*24 

seizure of cotton general : cases specitied ]424, 1425, 142b 

discussion of sub-committee as to testimony given by witness yesterday, Octo- 
ber 2(), and the substitution of tlie manuscript read 1427, J42s 

action of the committee on its reception 142r» 

M. 

I^Iaberry, 3Ir., killing of Christian by 1971 

Macon County, killed in: Andrew Geary, Abrani Moss — 2 ; outraged in: James IL 

xVlston's wife and child, J. II. Ilodnet— 2 : slu>t in : James II. Alston, W. 

l)()ugh»n ty, Adam Goshe, Columbus Mitchell, Felix Wright — 5 ; wliipped in : 

Aaron Lass iter — 1. 

. election .-lati-iics of. 102(3,102>^,U);]O.U):]9-10>12,1112 

strength of Ku-Klrx in U)1)S 

]Madis(;n County, strength of Ku-Klux in 7?^"), ^^21 ,H;>4 

election sta'tisties of H40,H41 

number distpialified in 971>,1>^'1) 

iMunber of outrage s in lo4 

distuibances in ; IIGI 

outraged in : IV-ter Acklyn, I'^rank Dell, Timone ]>ell, George Cornelous, liU- 
ciiula Ford and iamily, John Fulli'r, Jos('|)li Gill, Thomas Hawkins. Job 
Kelly, John Leslie, Corey Luney. Joseph Planning, Alexander M;!rchl),'inks, 
Samuel Masiin, Dill ^Nlider, Scruggs, W. Steele, ^larsliall Strong, Wiley 
Strong's wife — 19; killed in: W. Campbell, Henry Clunn, Mr. Douglierty, 
V/illis Monroe Evans, John Markham, Mr. Smith, Silas Thurlow, .laiut s K. P. 
Wrig}]t — : shot in: William W. Cox, Peyton Lipscomb, (^-orge Koper, 
Wiley Strong, Prior Turner — ."); whi]jped in : CaUb Peasley and wifo, Antliouy 
ISoiie, Martin Bush, Kebecca Cam])l)ell, John Clark, W. Ford. Amos Gar- 
dinor and brother, Joseph (Jill, Henry Hamlin, Homy Johnson, John 
Kemj>, George Lawler, Peyton Lipscomb. Joe Locket, Patron, Thomas Pcg- 
ney. Wash Strong. Wcslev Vincent, \V. Vincent, Calvin Wjilki r — '_2. 

:SL\(a;iPE, WILLIAM H., test'imony of Pml 

deputy scriiean.t-at-arms of the Senate of the Fuited States 1061 

the eii\ eloj.e i>roduced by Kobert Fullerlove is in witness's handwriting ; issued 

a snbi)oena lor him ICAM 

MAIIONE, CHAKLES, (colored,) testimony of l<)78~l(i-0 

rosident of Montgomery ; lias always voted the republican ticket 1()7^ 

was a slave 1UT9 

w as insidted and threatened ])ecanse he was supposed to be a democrat ; goneial 

feeling of hostility toward the negroes who vote the democratic ticket 107 ."S 

has heard Caesar Shorter abused for so doing 107S, 1079, lUc^D 

colored people not gt iierally afraid to vote the democratic ticket ; thinks if a 

man would vole the ticket boldly, he would be in a little difticultv 1079 

IMaihagen.t, killing of ' ' 1419 

JMail, United States, tampering with the 713,714 

jMalone, Mr., ideniitied by Henderson 579,5;::() 

Manning, Joseph, shot at 930 

MAPCHPANKS, ALEXANDER, testimony of 805-^07 

born in Tennessee ; lives in Madison County : witness and Pill Miller hung by 

the neck twice by disguised men in October, 1809 80.5, 800 

left home from tear of the Ku-Klux HOO 

Marengo County, debt of 1311 

(dection statistics and census of 1314, 131.5, 1317 

decrease of colored population 1308, 1373 

killed in: Pobin Westbrook ; outraged in : Piorce Burton, John Tayloe, Cole- 
man, George Jones, William B. dones. Tiller Keese, Seth D. Smith, Pobin 
Westbrook — 7 : whipped in : Keubenllildreth, Richard Lewis, Mr. Neibiing, 
Sam White— 1. 

ISIariou County, murders in 17'A 

Marion jail, attcnipt to take negro from 1480, 14>^1, 1490, 1500, 1.502 

Markham, John, killing of 920,921 

IMartin, Dick, whij)pingof 1007, JOlO 

Martin, James, kiiliug of 3, 1214 



XIJV 



IXDEX. 



Pago. 

MARTIN, LYMAN W., testimony of 1144-1 149 

resident of Soulo Station, Rnssell County; a lawyer 3 J 44 

II democrat: was in the confederate army 1149 

facts in the case of Mr. Few 1144,1147,1148,1149 

negroes vote unmolested ; good feeling between the races ; indifferent execu- 

8on of the laws 1144 

policy of non-action recommended by democratic convention on the question 

of the adoption of the constitution 1145 

inefficiency of officers ; their politics 1 144, 1145, 1 140 

no Ku-Klnx in Kussell County 114G 

Marshall County, number of outiages in 1*«^4 

killed in: Elliott Fearon ; shot in: Henry Rivers; whipped in: Moses B. Sulli- 
van. 

Mastin, Samuel, taking of gun of 1164, 11G5, 1200 

MATTHEWS, WILLIAM, (colored,) testimony of 641-640 

was a witness against William Ilenderson 641 

subornation of witness 641,643,644,645 

recantation of witness 642,643 

Mav, Mr., identified by Childers 1720 

Mayhew, J. M., identitied by Vix 1196 

Maxwell, Big, whipping of 1011 

McCALL, DANIEL, testimony of 1899-1916 

resident of Dc Sotoville, Choctaw county; a physician 1899 

native of the State ; a slave-holder 1903 

was with the Fortieth Alabama regiment ; was an old-line Whig ; favored seces- 
sion 1904 

forty j^ears old 1910 

killing of Abo Lyon, and statement of his wife at the inquest 1899,1900,1901, 

1905, 1906, 1907, 1908, 1909, 1914, 1935, 1916 

meeting of the citizens and the passing of resolutions 1900, 1908 

killing of Ezell, Rogers, and Mike Dunn 1901,1912,1913 

killing of Lem Campbell 1902, 1913 

no intimidation of colored voters 1902, 1903, 3905 

killing of Dud Woodward (colored) in 1868 1904, 1905 

Ku-Klux organization, its extent, &c 1909, 1910,1911,1913,1914,1916 

no one arrested for these outrages ; feeling of the negroes in regard to Ku- 
Klux 1914 

McCunn, Harvey, killing of 

McClernand, Dr. , identified by Watley 1005 

McCrary released from jail 1273, 1484, 1491, 1495, 1496, 1528, 1529 

McCutcheon, J. A., compelled to leave 127 

McDonald, Peyton, attempted release from jail of 1283, 1480, 1497 

McDowell, John F., whipping of 749 

McGregor, Wilie, hanging of 168, 169,212, 1173, 1242 

McKee, Mr., killing by Birdsong of 659 

McKinlcy, gathering of armed negroes at 1320, 1379, 1380, 1384, 1385 

McKinlcy, anticipated riot at, and measures to prevent 1320, 1321, 1323, 1371, 1372, 1380, 

1381 

McKincey, (King,) Lina, whipping of 733,773 

McManmou, John, beaten with sticks and brush 1171, 1173, 1220, 1235, 1236 

MCNEILL, MALCOLM HECTOR, testimony of 3537-1545 

resident of Shiloh, Marengo County 3537 

an old-line whig » 3542 

details of disturbance at the meeting at Linden, where W. B. Jones spoke and 

relinquished his candidacy 3537-1539, 1540, 1541, 1542, 1543, 1545 

disturbance at the meeting at Shiloh 1539, 1540, 1543, 1544 

radical office-holders not much liked 1542 

abuse of Mr. Drake and Mr. Jones at the Linden meeting 3541, 1542, 1543 

character of Jones's speeches 1543,1545 

Meadows, Mr., threatened Il-JG 

Meeks, Nathan, raid on house of .* 1201, 1202 

Meetings interrupted or broken up : 

Minnis's account of 531 532 539 

Dougherty's account of '!!!.'io24, 1027, 1034 

Shorter's account of J [ 1072' 1073 

Wuid's account of 1088-1090 

Blackford's account of . 1284 

(Jarrelt's account of ^ [_ [ [ [['/, 3 48*^ 

J efliies's account of 1497 



INDEX. 



XLV 



Meetings intcrnipted or broken up — Continued. 

Jones's account ot 1452 

Moore's account of 1581, 15^-2 

Herr's account of U>tiO, 1067, 171J, 1712 

Gillespie's account of K>J7 

Cobbs's account of Kv^^ 

Bennett's account of 1741 

Cbilders"s account of 1722 

Meredith's account of 1772, 177;^, 177(), 1780, 17^4 

Meredith, Mr., kiilina- of Mr. Koo-ers by 1077 

MEREDITH, KEUBEN A., testimony of 1771-J7-5 

resident of Gainesville, ^Sumter County, about thirty-three years; native of 

Virginia; lawyer 1771 

-was a candidate lor the le^isUiture 1777 

a radical 1778 

a republican 1781 

great dist)rn^anizatiou in society in the last five years 1771 

outrages by bands of men for the last three years, generally upon radicals, 

cohered and A\hito ^ 1772 

breaking uj) of a repnl)lican convention called at Livingston, by Daniel I'rice, on 

August K), 1870; failure of a second meeting 17?2, 1773, 1776, 1780 

killing of Kichard Burk, August, 1^70 1775,1781 

intimidation of voters 1775, 1779, 17c^2, 1783 

reported cases of taking j>risouers from jail and killing them, and of some 

whipjjiogs 1 77(5 

Hayne liiciiardson shot 1776, ]7r^l 

politics of the North Sumter News, the liivlngston Journal, and the Gaines- 
ville News 1777 

the efforts made to get Judge Abrahams (»ut of office 1777, 1778, 1780 

no niembin" of the republican })arty sale in openly advocating his vi"ws in 

8umter county 1778 

the caii''.idate for Congress mad(! no canvass, through intimidation 177^', 1771) 

how Judge Abiahams obtained iiis otlice of probate judge 1770, 17^0 

chiiracter of Judge Keavis ; precincts in \Yhieh theie ^vas a large negro vote, 

and not one cast i'or the republican party 1781 

democratic negroes; their sjjeeches and inlluviice 17S3, 17dl 

intrrruption ot the meeting at Eutaw, when Govern(n*s .Smith and Parsons 

spoke ^ 1781 

intimidation of witnesses 17>M,17>5 

Meridian, not at 1439, 19(54 

Methodist Church, North, concerning — 

Lakin's testimony 124, 125 

Lindsay's testimony 180,208,218 

Clanton's testimony 238 

Day's testimony 6'J3 

Echolls's testin'ionv 957-900 

MICHAEL, JACOB, Jr., testimony of 1300-1378 

sheriff of Marengo County I'MU) 

a democrat 1372 

raised iu Alabama « Ki73 

six colored men now in jail charged with assaulting Dr. Seth D. Smith with 

intent to kill; one had escaped; this one had been whipped, and anotiier 

•struck on the head with a pistol 13f'G 

killing of Itobin Westbrook - 1307 

no one brought to justice for Mr. Neiblin:i''s whipping; decrease of colored 

population in Marengo County. 130'^, l:>73 

disturbance at Linden, where Jones withdrew from his candidacy 13{)9, 1370, 1372, 

1373, 1377 

anticipated riot at McKinley 1371, 1372 

the v/hites vvcU disposed tov^-ard the blacks ; no difficulty in executing r^ro- 

ces 1372 

murd.er uf Ivobiu Westbrook ; state of feeling be tween the races 1373> 

names of white republicans in the county; feeling toward republicans from 

the North - - 1374 

some republicans have left, having made money enough 1^7 1, 1375, J37() 

Jones's political course 1374, J 375 

patronage to republican newspapers 1375, 137»), 1377 

Jlilitary, strength in State of the 1 150 

eli'ect of the presence of 1 170-1 178, 1 181, lO^il 



XLVI 



INDEX. 



Page. 

Militarj, strength in Slate of the— Continued. 

freneral treatment of the ,0-0 lo-o 

arrests by JUob, 1 JoJ 

Miller, Hill, hnnf^iup: of...... •Vfi"onr/977 1911 

Miller, Iloury, killing of. • ^'6' -^>^^ ^7/ , 1214 

Miller, Judgt^ William, struck with hickory stick iiri" 1101 i la) 

Miller, Lieutenant James, reports of. '"AIA" Ir^^V \nn^ 

Miller, Mr., killing ot 1750, 1751, .1853, 1971, 1973, 1984, 1991, 1992 

MILLER, WILLIAM, testimony of ------ I-^- 

resident of Mobile ; resided in Greene County from 1836 to 1809; appointed col- 
lector of Mobile, May, 1669; elected probate judge in February, 1868, and 

resistance was made to his taking the office 1 

was attacked by Reynolds 

disguised men, operations of bands of 3, i^, J 

disguised men, leading citizens opposed to 8 

disguised men, no legal redress for acts of - ^ 

republicans deteiTed from voting at election of 1868 1 

opposition to republican speakers in October, 1868 2 

colored men afraid to vote .* ^ 

riot at Eutaw, Greene County 4, 5, 9, 10 

freedom of political opinions 1,2,7,8,9 

depreciation of real estate in value • U 

taxes ' 15 

railroad bonds •. 31 

concerning Union Leagues 7,8 

killing of (Alexander) Boyd, solicitor 3,7 

killing of Samuel Snoddy 2,3,6 

killing of James Carpenter 3 

killing of Henry Miller, (colored) 3,6 

killing of Sam Caldwell, (colored) 3, 6 

killing of Sam Colvin, (colored) 3 

killing of James Martin, (colored) 3 

attack on Burton 5 

attack on Cockrell 5,9 

attack on witness 5 

MI^'NIS, JOHN A., testimony ot 527-571 

resident of Montgomery ; born and raised in North Carolina; lived in Alabama 
since 1866; moved to Tennessee in 1838; district attorney of the United 

States for the northern district of Alabama 527 

canvassed the second congressional district in lb70 531 

hostility to reconstruction, the adoption of the constitution, and to the officers 

elected 527, 551, 552, 553, 554, 561 

injury to office, books, &c., of Judge Gardner ; his frequent whipping, and at- 
tempt to assassinate him 527 

intimidation of colored voters 528,534 

killing of Mr. Boyd, solicitor of Greene County 528,529,555,556 

operations of disguised men 528, 529, 530, 534, 535, 536, 537, 538, 539, 540, 543, 544, 

547, 549, 550 

political meetings interrupted 531,532,539 

personal insecurity in expressing political opiniotis in portions of the State * 532 

whipping of Wiley Williams and Jerry Webb ; shooting of a colored man ; 

burning of a church ; nine or ten negroes whipped 533 

whipping of Aaron Lassiter ; he identifies five of the party, who on trial proved 

an alibi 535 

whipping of a negro in Montgomery County by disguised men ; the reason 

assigned for it 536, 537 

whipping of Smith Watley by disguised men ; five of them tried, and discharged 

upon the defense of an alibi 537, 538 

old negro whipped 538, 539 

church fired into, one killed and two or three wounded ; no parties arrested or 

punished 53^ 

difficulty in identifying parties ; proving of alibis a general form of defense. .. 539 
only republicans whipped or mistreated ; attempt to drown Hender- 
son 540,557,558 

case of Weir ; his whipping, and attempts to hang and drown him 541-543 

whipping of a negro man and woman in Walker County ; negroes do not enjoy 

any more privileges than before the war 543 

confession of K. G. Davis as to raids by Captain Stewart's company ; dis- 
turbance of Judge Mudd's court 544 



INDEX. 



XLVII 



Page. 

MIXNIS, JOHN A.,tcstiDiony of— ContiDiied. 

] ). F. Ppteis nominated by a convention of disguised men 544,545 

Siierilf Tn adway, of Jefferson County, compelled to leave home ; charges 

ugaiii.st. him by the Ku-Klux 545-547 

four L'onjpanics of Ku-Klux in Fayette County, Captains Stewart's, ^rarshall's, 

Hyde's, and another's 547 

v. li'ippiuc^ and shootinc^ of negro men and ravishing of negro women by Captain 

Hyde's company 547,553 

nnin'bor of colored people killed within the last two years; hanging and shoot- 
ing of a negro man and woman ; character of Judge ^Mndd 548 

whipping of Mr. Wooley and rape on his wife ; he is compelled to leave home ; 

whipi»ing ot Mr. Fowler and Mr. Tidwell ; negro badly whipped 54i) 

negroes shot at and run otf 549, 550 

vi(*](.'Ut juejndic(^ against negroes ; many driven from Fayette County ; negro 

hUicIvsujitli whii»ped 550 

whipping of two white women in Marshall Connty 550,551 

in jnany plac es State laws cannot be enforced in cases of outrages a^rainst ne- 
groes and white Union men; palliation and justilication of Ku-Klux out- 
rages .551 

tenor of the democratic press 551,55'J 

opi»os;non to tlie education of the negro ; courts in Fayette Connty could not 
enforce the law without the aid of the military; salutary etVect of the con- 
viction of Ku-Klux in North Carolina 5' 2 

no convictions as yet in Alabama 540,552,553 

w hipping of a colored vroman in Fayette County : collector of internal revenue 

compc lied to resign ; negro killed in Sanford County 5r3 

biiter oj positicn to negro suffrage 554 

operation of the election laws 555, 5*j1 

till' courts were organized under republican auspices ; maimer of selecting 

jurors 5r5 

prc»bable effect of the removal of political disabilities 5»)0 

relation^ between th(? races 5»'2 

ot'tiiils of conversation with Judge Ijustecd as to legislation needed, dice, 5«/2, 50.3, 5r' 1, 

5»»5 

report of <,nand jurors of middle district of Alabama 5r)3-5('4 

vit'ws of w itness as to increase of powers of United States courts 5()4-5tj*j 

d;<cussitm as to the admissibility (if statement read by witness in fartlier 

answ<'r to a <|uestion by !Mr. Beck 5(50, 5''7 

written statement of witness 5(j7-57 I 

Mi^c.-geiiaiion 1391, 1411, 151-2, I5-J4, 1.V25 

Mitchi'l!, C<>luiKbus, shooting of lU9ki-1094 

Monette. Mr., raid on iiouse of ]4^'J 

Moeiiev, C. C, suspected of killing a negro 1194 

MOOKE, AULKN F., testimony of 1565-15-7 

resident of Livingston, Sumter County; sheriff by appointment 15^-5 

an old line whig 15'^G 

»U tails of the taking of Zeke High from the jail by a band of di>girsed men, 

and his shooting ]5()5-156"'', 1571, 157*2, 1573, 1579 

High was in jail on a charge of murder 15o8 

he had been indicted for the killing of Collins in an attempt to arrest him and 

others charged with an assault ir)G9, J579, ]5^U 

killing of Colhns lofn), 3570, 15>^0, 1582, 15s3 

High made no attempt to escape 157 1 

no one arrested for High's murder: he was known also as Zeke Williams 1574 

the Ku-Klnx hunt for l)r. Choutteau at his house, guarded by Mr. Coblentz ; 
CcbU ntz shot one of the party ; Coblentz killed, and George Huston (col- 

<.'red) shot ; it was a political trouble 1574, 1575 

W.J. Prater, coniined on a charge of murder, released from jail by a band of 

disguised men 1576, 1577 

negro beat( u and his ears cut off'; no one punished for this offense 1577 

Jasper (colored) taken from jail au'l hung ; no arrests made 1578 

Kichard Burke killecK 1578,1579 

negro killed 157 J 

riiiother killed on Billy McCreo's place 15~1 

thf Belmont riot 1561,15^2 

Dr. Choutteau's alleged proposition to poison the negroes ; his radicalism, and 

business proscription 3583, 3584, 15*'5 

election statistics 158(5, 15-7 

geneial behavior cf the negroes 15^7 



XLVIII 



INDEX, 



Page. 

Jiloore, George, outrage upon 1160 ^ 1187-1100 

^looro, Jacob, sliootinf^ ot " ^^J^ l^^^ 

Moore, Mr., .Mleged Ku-Klux, standing of 724, 767 

Moore, Mr., ulentified by Weir 653, 654, 659 

Morgan County ; number of outrages in 134 

disturbances in V'Wr". 

killed in: Judge Charlton, Isaac Gibson, Fcnelon Eagland, Mr. Williams— 3 ; 
shot in: Jesse Knight; outraged in : G. W. Hollowell, Dean Keynolds— 2; 
whipped in: Hezekiah Bush, 8irnon Bush, Ruth Chapman— 3. 
Morris, (Morse,) Judc^e, implicated in the killing of Thomas. 1G72, 1S83-1885, 1895, 1896 

Morris, Mr., killing ot Mr. Scarborough by. . . 1 1677 

Morse, (Morris,) Joshua, implicated in the killing of Thomas.. 1672, 1883-1885, 1895, 1896 

JIoss, Abram, killing of 1092-1094 

^tlOSS, JAMES M., testimony of 915-926 

has lived in Madison County since 1866 : a farmer 915 

a republican ; born in Xew York ; moved to Illinois, thence to Iowa and to Ala- 
bama 917 

character of Joe Gill * 916 

intimidation of voters 917,918,919,921,922 

Ku-Klux, political 917, 919, 921 

outrage upon Job Kelly ; disarming of negroes 917 

visited by the Ku-Klux several times 917, 918, 924 

Joe Gill whipped 918, 922 

Ku-Klux disguises ; has seen them six times ; they have gone by the board 

long ago ; the organization degenerated into robbing 919 

man robbed three times by disguised men 919, 920 

killing of John Markhani 920, 921 

three colored men killed by the Ku-Klux ; no arrests made 923 

cannot carry on his plantation from the difficulty of procuring hands ; Ku- 
Klux injurious to labor 924 

the people favor free schools ; they would not take away negro suffrage if 

they voted the democratic ticket; the negroes republicans 925 

social proscription of northern men 926 

Itlossbacks, organization of the 1172, 1229 

MUDD, WILLIAM S., testimony of. 1745-1771 

resident of Elyton, Jefferson County ; one of the judges of the circuit courts 
of the Stale; his district embraces Jefferson, Tuscaloosa, Fayette, Sanford, 
Marion, Winston, and Walker Counties ; has officiated as judge for sixteen 

years ; a native of Kentucky 1745 

no interruption in the courts in his circuit ; general condition of the circuit 
quiet ; some outrages by unknown persons, generally at night, and by dis- 
guised men 1745 

most of the outrages have proceeded from other causes than political, though 
generally visited upon the colored people ; grand juries generally unable to 
lind out the perpetrators ; general peace and quiet in Jefferson County.. 1746 
live homicides in Jefferson County within two years ; two negroes severely 

whipped 1747^ 

a half dozen whippings have occurred in the county; the colored peojde gen- 
erally vote the republican ticket 1748^ 

killing of a negro in Tuscaloosa County, and of Mr. Samuel, an alleged Ku- 
Klux ; a white man and a negro killed .1749 

a white man and three or four negroes killed 1750 

killing of Mr. Crossland, November, 1868, and wounding of a young man; 

Crosslaiid's murder political 1750, 1767, 1768 

Mr. Miller killed .1 1750, 175 1^ 

a white mari, Finlay, and several negroes killed 1751, 1768 

some whippings of negroes in the county ; good many disturbances in Fayette 

County; several homicides and whippings 1751 

man and wife (colored) taken from the custody of an officer and killed 1752 

two colored women killed 1752,1753 

the victims of whippings in Fayette uniformly colored ; whippings generally 
inflicted after night ; some parties concerned in these whippings have been 
indicted and arrested, but the witnesses have disappeared ; colored women 
rHvished ; one homicide iu Sanford County, not by disguised men ; man 

shot by disgiiised men for comniitting rape and nuirder 1753 

several c;t>es of whippitig iu Sanford County; some murders in Marion County, 
btit not by disguised jikmi ; no orgauijiatiou in that county; condition quiet 
and iuderly as any irounry anywhere; white man taken from jail and whip- 
j.ed by di-guistd men; no whipping,^ or murders by disguised men in Win- 



INDEX. 



3IUDD, WILLIAM S., testimoDy of— Continued. 

ston County; they are nearly all republicans there and no negroes ; no homi- 
cides in Walker County by disguised men ; very few colored people there ; 
there have been several whippiug^s of colored people in that county within 

the last twelve months 1754 

preamble to the State Ku-Klux act of December. 1868 1754, 1755 

views of witness as to the facts contained therein 1755, 1756, 1759 

Ku-Klux organization, its extent, A:c 1755-175H, 1761, 1762, 1763, 1765 

rep!iblicaus generally the victims of these outrages 1757 

violation of labor contracts 1758, 1769 

the principal difficulty in finding out who these disguised men are 1758, 1759, 1760 

general fear prevails in the communities in which the Klaus exist 1759 

intimidation of witnesses 1759, \7&A 

probable eftect of the oft'erings of rewards; knows of no anti-Ku-Klux organi- 
zation ; what is needed is a healthy state of public opinion ^. J76u 

better state of feeling now prevailing ; effect of congressional legislation and 
reconstruction ; efforts made to induce the colored people to vote the demo- 
cratic ticket ; civil and political rights to the negro tended to excite a feeling 

of prejudice against them ]7()l 

temporary interruption last si)ring, at thi' Fayt'itt^ court, and its cause.. 176*J, 1763, 1764 
convention of disguised men, and caudid.'ites nominated in Fayette County.. 1763 
has but little doubt that both grand i\ud ])etit juries have consisted in pait of 
Ku-Klux; has never known a verdict of a jury that he thought was indu- 
eiiced by men belonging to the Klan ; general opinion in lavor of colonizing 

the negro 1765 

cannot speak with certainty as to the party aftiliatiojis of those whites who 
have committed outrages on negrot s ; as a general thing old slave-holders 
treat the negroes kindly; in all the enumerated cases of outrage no political 

cause was assigned 17<k) 

not a great deal of theft and dei)redation upon cotton and stock in the district. 1767 
jail-breaking in Jefferson, Tuscaloosa, .'^auford, ^Marion, and Walker Countless. 1768 
nine-tenths of the people opposed to all lawlessness ; the condition of affairs in 
his circuit as quiet, probably, as before the war ; natural that there should 
be great disorders in the revolution of a slave-holding community to a non- 
slave-holding one , 1769 

the two races cannot now live peacjably together, except upon the basis of 
civil and political equality: no auhnosity against the colored men for enter- 
ing the Union Army ; the colored men remained huthful to their masters dur- 
ing the war 1770 

Murphy, Sheriff Levi, killing of 74h, 765, 766, 773, 99'^ 

N. 

Nation, Thomas, outrage upon 770,791 

Negro clubs, organization of 903,904,939-941, 1019, 138f> 

Negro suffrage, popular opinion as to : 

Warner, testimony ot 31, 34 

Parsons 87,68,92,94 

Lindsay 191,202 

Clanton 226,255, 256 

Pettus 383,395,396 

Pugh 405,406 

Miunis 554 

Day 605 

Shapard 768 

Richardson 843, 844 

Lowe 902 

Turner 925 

Wager 9;j7 

Ward 1087 

Blackford 1280 

Drake ir,50 

Sanders 1801 

Hale 1822 

Cxlover 1889, 1890 

Hatter 193^. 

Negroes, democratic : 

Warner, testimony of 3i'» 

IV— -A 



INDEX. 



Page. 

Negroes, democratic — Continued. 

Smith, testimony of 59 

Clantou :. 228,229,246,247 

Jolly 283 

Fierce 304,311 

Say re 356,362 

Pettus 402,403 

Pugh 405 

Bol 434,435 

Forney 468,480 

Rice 496 

Abercrombie i 1 J 2-1 113 

Abrahams 1386 

Harris 1588,1592 

Cobbs 1623 

Herr 1681 

Childers 1726 

Bennett 1739 

Meredith 1783,1784 

Gould 1838 

Glover 1869, 1879, 1883 

'Negroes, education of : 

Lakin, testimony of 140 

Lindsay 234, 236, 249, 252 

Pierce 316 

Speed 426, 427 

Minnis 552 

' Goodloe 640 

Berry 776 

Richardson 843 

Moss 925 

Wager 937 

Judkms 1043 

Few 1082,108:^ 

Ward 1087 

Williams 1103 

Blackford 1288 

Drake 1548 

Kinnard 1730,1731 

Sanders 1801,1802 

Glover ]889 

Hill 192(T 

Hatter 1938 

Negroes, counsels given by the white leaders to. .1318-1320, 1661, 1679-1681, 1705, 1710, 1713 

sale of painted stakes to 238,314,316 

generally republicans 1618,1641,1642,1748, 1987 

effect of Ku-Klux upon, (see Ku-Klux.) 

rapes by 242 

outrages upon 230,242, 1388, 1493, 1577, 1682 

disguised and committing outrages 162, 172,211,376, 488,1942,1948,1955,1960, 

1962,1963 

promises made to 238, 282, 285, 314, 303, 374, 385, 435, 445, 459, 460, 1133, 1810, 1811 

general character and behavior of 242,503,856,907,962,967,975, 1129, 1130, 1132, 

1255, 1260, 1261, 1318, 1351, 1387, 1489, 1490, 1587, 1614, 1623, 1641, 1642, 1711, 1714, 
„ , . . 1770, 1955, 1961) 



1749, 1753, 1768, 1821, 1853, 1882, 1935, 1949, 1971, 1972, 1983 



^ , , 1635, 1676, 1738, 1747, 1751, 1754, 1808, 1821, 1822, 1913, 1971 

New departure— popular opinion as to 606, 607, 769 

Newspapers, articles, extracts, &c., from..-. 113, 114, 329,667,668, 1347, 1348, 1470-1475, 
vTMv . . 1534-1536,1666-1669,1674 

Neiblmg, M,, whipping of 1338, 1340-1342, 1351, 1352, 1420, 1459, 151 1, 1512, 1548 

ISeibling, M., statement of, as published in the Exponent 1342. 1343 



INDEX. 



LT 



Pace. 

NOBLE, WILLIAM R., testimony of 1055-1059 

resident of Montgomery; chief clerk in auditor's office, since July, 1868; 
bonded debt of the State, September 30, 1871 ; July, 1868, when the new con- 
stitution went into effect; and September 80, 1670; amount of bonds issued 

since 18G8; the other indebtedness of the State July, 1868 1055 

temporary loans negotiated for the payment of this indebtedness ; receipts and 
expenditures for 1869 and 1870 ; rate of taxation for 1868, 1869, and 1870. . ^ 1056 

trust funds for school purposes, what they are and how used 1055, 1056 

how far short the income for 1865, 1866, and 1867 fell of meeting the expendi- 
tures of the State ; condition of the treasury at the present time ; comparison 

with that of last year 1056 

issue of State bonds to the Alabama and Chattanooga Railroad 1056, 1057 

number of railroads receiving the indorsement of the State ; none of these 
roads have made default upon their bonds ; how the State is secured against loss 

by reason of the railroad bonds 1058 

Norris, B. W., what the negroes have been taught by 1130, 1131, 1133 

Norris vs. llandley, contested election 1040, 1041 

>H>RR1S, Hon. B. \V., testimony of 6^-69 

resident of Elmore County 64 

lived in Alabama since l'%5 65,69 

member of Forty-first Congress 65 

contestant of seat in Forty-second Congress 69 

served in Union Army 69 

t^ngaged in planting 69 

disguised men, operations of bands of 67, 68 

disguised men, no convictions for acts of. 68 

disguised men, democratic pa})ers excuse acts of 69 

freedom of political opinion 65,66,68 

colored people intimidated 67,69 

teachers driven otf 67 

Norther, Bill, identitied by r>lair 076 

Northern settlers, general character and treatment of. (see Feeling.) 

Nutting, Mrs. L. M., raid on house of l'J71, 1*273, 14^1, 1495, 1496, 15'>5, 15'^9 



Oakley, J., negroes whipped bv rj49-125i3 

Offices, holding of plurality of A 1590, 1591, 1597, 1598, 188i3 

Offices, sale of 1298-1300, 155.^-1561 , 1563, 1564 

OUiver, Mr., identified bv Watley 1005 

Orick, John C, killing of Alex. Webb by 1479, 1492, 1521, 1522 

Oir, Simeon, confesses to being captain of Ku-Klux 1126 

Outrages on, (for kinds of, see individual names elsewhere) — 

Acklyn, Peter, (colored,) Madison County, lb70 929 

Alldredge, Edward. Blount County 756 

Alston, James H., wife and child of, Macon County 1018 

Baxley, Mr. , Dallas County " 375 

Bell, Frank, (colored,) Madison County, January, 1870 1232 

Bell, Timone, (colored,) Madison Countv 927 

Blackford, William T., Hale County, January 1871 1272,1475-1478,1483,1484, 

1493-1497, 1525, 1526, 1529, 1856, 1985 

Bradford, Jim, (colored) 1624 

Breathitt, Lucy, (colored,) Greene County, April, 1871 1788 

Brown, Danger, (colored,) Sumter County, 1^71 1595, 1596 

Burton, Pierce, Marengo County 5, 46, 55, 290, 1052 

Chapman, Mr., Hale County, 1870 1519, 1530, 1531 

Childers, John, (colored,) Sumter County, fall of 1870 1719, 1721 , 1897-1899 

Clark, George A., Sumter County, fall of 1871 417, 1614, 1845-1849 

Clause, Mr., Hale County, 1868 1286, 1493 

Cockrell, Mr., Greene County, April, 1871.... 5, 9, 12, 19, 20, 23, 24, 4<3, 42, 43, 271 , 281 

Coleman, John Tayloe, Marengo County, February, 1871 1048, 1049, 1051, 1053 

Cornelous, George, (colored,) Madison County, June, 1869 1162, 1195 

Crook, Mr., Calhoun County, l^r^ 1 475,487 

Daniel, Sir, (colored,) Jackson County, 1^70 995-997 

Davis, Carr, (colored,) Greene County, 1870 1214 

Dinsmore, Joseph, Blount County, spring of 1871 756 

Ford, Lucinda, and fiiinily, (colored,) Madison County, October, 1870 1173, 1239 

Fuller, John, (colored,) Madison Countv, October, 1870 1239 

Fullerlove, Robert, (colored,) Choctaw County, October, 1871 ... 1649-1651, 1658, 1659 



LII 



INDEX. 



Pago. 

Outrages on — Continued. 

Gill, Joseph, (colored,) Madison County, October, 1870 1239 

Godfrey, Danger, (colored,) Sumter County 1736 

Hale, Samuel A., Sumter County, 1869 1817 

Harris, Nelson, (colored,) Greene County 272 

Hawkins, Thomas, (colored,) Madison County, August, 1869 1166,1167,1202 

Henderson, William, (colored, ) Colbert County, August, 1871. ..540, 557, 558, 577-581, 

583,584,636-638 

Hodnet, J.H., Macon County 1033,1034 

Hollovvell, George W., (colored,) Morgan County, March, 1871 165, 166, 167,211 

931,932 

Jones, George, (colored,) Marengo County, 1870 1388 

Jones, William B., Marengo County, 1870 1304-1306, 1313-1315,1317, 1455, 1456, 

1504-1509, 1515,1516 

Kelley, Job, (colored,) Madison County, 1868 917 

Leslie, John, (colored,) Madison County, 1869 929, 1168, 1204 

Luney, Corey, (colored,) Madison County, 1870 930 

Manning, Joseph, Madison County, January, 1870 ^ 930 

Marchbanks, Alexander, (colored, ) Madison County, October, 1869 865, 866 

Mastin, Samuel, (colored,) Madison County, July, 1869 1164, 1165, 1200 

McGregor, Wilie, Limestone County, May, 1871 168,169,212,1173, 1242 

McManman, John, Jackson County, July, 1870 1171, 1173, 1220, 1235, 1236 

Miller, Bill, Madison County, October, 1869 ' . 866 

Miller, Judge William, Greene County, December, 1868 5,278 

Moore, George, (colored,) Cherokee County, July, 1869 1160,1187-1190 

Nation, Thomas, Blount County, April, 1871 770,991 

Prior, Miles, (colored,) Jackson County, 1870 995-997 

Reese, Till, (colored,) Marengo County, July. 1871 1248 

Reynolds, Dean, (colored,) Morgan County, January, 1869 127, 1158-1160, 1J86 

Roundtree, Robert, (colored.) Cherokee County, July, 1869 1160,1187-1190 

Scruggs, , (colored,) Madison County, 1868 857,859,860 

Shorter, Caesar, (colored,) Montgomery County 1072, 1073 

Smith, Colomay, Autauga County, July, 1870 1221 

Smith, Seth D., Marengo County, July, 1871. ..1253, 1254, 1256, 1258-1260, 1398, 1399, 

1400,1403,1517 

Starkey, William, (colored,) Saint Clair County, August, 1870 1222 

■Steele, William, Madison County, spring of 1870 930 

Strong, Marshall, (colored) Madison County, October, 1869 927 

;^trong, Wiley, wife of, (colored,) Madison County, December, 1870 668,609 

Treadvvay, Sheriff, Fayette County, October, 1870 545-547 

Westbrook, Robin, (colored,) Marengo County, July, 1871 1244-124$ 

P. 

Palmer, Mr., killing of. 278 

PARSONS, LEWIS E., testimony of 77-101, IM 

resident of Alabama since 1839, and of Talladega since 1840; appointed pro- » 
visional governor ; employed by State authorities to prosecute parties charged > 

with the difficulty at Cross Roads or Patona 77 

one of republican speakers at Eutaw on the day of the riot 81 

one of the counsel for Governor Smith in election contest for governor S3 

democrat till 1868, and opposed to reconstruction 95 

disguised men, operations of bauds of 79,80,88,98 

disguised mon, object of organizations of 79,92,Q6 

disguised men, estimated number in Alabama and Georgia of 74) 

disguised men, no convictions for outrages by 92,93, 98 

disguised meu, testimony of Lewis M. Force concerning 79,92,96, 100 

not at Eutaw ' 80, 81, , 96, 100, 101 

not at Eutaw, trial of persons for 83 

difficulty a^Cross Plains or Patona 111^^ ".77, 78, 79 

contest for office of governor I!.".'!". *'.!".."!!!.* 83,84*89! 9o',9! 

rreedom of political opinions 85 87 

negro suffr^e , i!^'!!.'!!*.'* "si'sS, 92! 94 

witnesses threatened 80 

hanging of William C. Luke .*.'."/.'.".!"*! 1 1 [ ". 77 

hanging of Tony Cliff, (colored) *. - 1 !.'.**.'.'.'..'!! ] 77 

hanging of Berry Harris, (colored) 77 

hanging of Caesar Frederich, (colored) 77 

hanging of William Hall, (colored) -?7 



INDEX. 



LIII 



Page. 

PARSONS, LEWIS E., testimony of— Continued. 

hanging of Essex Hendricks, (colored) 77 

shooting of Essex Hendricks, (colored) 77 

shooting of Jacob Moore, (colored) 78,79 

State courts powerless to control Ku-Klux 98,99 

law of Congress concerning Ku-Klux 83 

colored men on juries 93 

general amnesty 98 

democratic party opposed to reconstruction 101 

white people refused to take part in reconstruction 95 

character of Judge Luther R. Smith — 111 

concerning L^nion Leagues ^58,92 

Patona (Cross Plains) riot at, Parsons's account of 77-79 

Clanton^s 229,254 

Jolly's 275,287 

Pierce's 300 

Say re's 365 

Pettus's 38() 

Speed's 42^^,429,445 

Forney's 402-472, 481-485 

Crawford's 1173, 1236-1238 

Whitfield's 1175, 117^) 

Patrerson, Mr., killing of Mr. Bryan by 3077 

Payton, (Lipscomb,) shooting of, (see Lipscomb) 0t>9 

IVace, George, identified by Weir 654,705,707 

Pearl, Dennis, killing of 1672, H)73 

Peck, E. Woolsey, character, standing, &c., of 1977, 1978, 1980, 1982, 1983 

PECK, E. WOOLSEY, testimony of 1850-1808 

resident of Tuscaloosa ; in the State forty-eight years ; came to Tuscaloosa 
from Jefferson County in 3833; chief justice of the supreme court; was 
chancellor in 1839 or 1840, or both ; a Union man ; opposed secession ; was 

elected to the convention of 1865 ; president of the convention of 1867 1850 

was an old-fashioned federalist; voted generally with the whig party 1859 

left New York in 1 .^24 3 864 

seventy-three years old 3868 

social octracism ; feeling against the Government 1-^50, 1H59, 1864, 1^65 

views of those engaging in the rebellion, as to confiscation, itc. ; the crin^inal 
laws have not been and cannot be executed, with the present sentiment of 

the people 1851 

Ku-Klux organization, its extent, 6cc iKol, 1>^54, l':^55, 1856, 1857 

killing of Mr. Crossland and shooting of one of his companions 1851, 1852 

fifty or more murders in Tuscaloosa County since the war ; raid upon Tusca- 
loosa, and a number killed, including one of the assaiiants, named Finlay ; no 

arrests 3652 

negro taken from jail and shot ; killing of a negro near Tuscaloosa ; negro 
hanged; killing of Mr. Miller; no one brought to justice ; whipping of a 

negro school-tpacher ; injury to his school-house 1853 

killing of Bill Washington (colored) near Tuscaloosa, and of Mr. Samuel, one 
of the attacking party ; no arrests and convictions ; Ku-Klux organization 
paralyzes all efforts on the part of the courts to bring the jjerpetrators of crime 

to justice 1854 

the preamble to the State llu-Klux law of December 26, 3r^68, substantially 
right ; a number killed in Calhoun County by a raid of Ku-Klux ; effect of 
the passage of the enforcement act of Congress, and the recent prosecutions 

and convictions in North Carolina ]'^55 

character and standing of Judge Blackford 1855,1856 

raid upon him in Greensborough, Hale County 1856 

intimidation of voters 1^'56, 1861, 1862 

nothing but military law will ever suppress these outrages ]^o7, 1866, 1867 

difficulties in the way of the suppression of the Ku-Klux ; democratic sym- 
pathy with the order *. 1 b57 

probable effect of the removal of disabilities : politics of the county officials ; 

general treatment of northern immigrants ; business proscription lf;58 • 

carpet-baggers , 1 ^60 

concerning the adoption of the present State constitution, the officers elected, 

and congressional reconstruction 1860-1862 

character of elections 1862, 1?'63 

views of the people as to secession 3865 

the de facto confederate State government 1865, 1866 



LIV 



INDEX. 



Page. 

PECK, E. WOOLSEY, testimony of— Continued. 

disfranchisement, and punishment for treason I'^BG 

none but republicans injured - -/ 18^7 

Perry County, killed in : Greathouse, Harvey McCann— 2 ; shot in : Monie 

Hartley and son— 2; whipped in: Alfred Darling, Isaac Hall, Katie La 



Peters, D, F.. nominated by convention of disguised men 545,545 

PEITUS, EDMUND W., testimony of 374-403 

resident of Selma ; 374 

native of Alabama, and fifty years of age ; solicitor of seventh circuit for ten or 

twelve years, and judge of same circuit for four years before the war 375 

brigadier general in confederate army 39J 

execution of the laws - — • 375 

disguised men, operations of bands of 375, 385, 3S6, 387, 392,394, 398 

disguised men, no punishment for acts of 38H 

disguised men, newspapers palliate acts of 399 

opposition to reconstruction 377, 382, 383, 391, 400 

contest for office of governor 376, 379, 396, 397 

election laws 379, 380, 384, 402 

intimidation of voters 30J, 398, 403 

negro suffrage 383, 395, 396 

promises of land and mules to negroes 385 

general amnesty 390,395 

democratic negroes 402,403 

concerning Freedmen*s Bureau 390 

negroes whipping white men 376 

difficulty at Cross Plains or Patona 386 

concerning Union Leagues 38 J, 384, 393, 397, 398 

killing of Boyd, solicitor of Greene County 387 

killing of Frank Diggs, (colored) 375,393,394 

killing of Alfred Granger, (colored) 375 

hanging of William C. Luke 3b6 

Baxiey beaten, throat cut and stabbed by negroes 375 

Peyton, (PattoD>) Mr., whipping of 928 

Pickens Count}', Ku-Klux operations in 1790 

whipped in : Charles Carter, Frank Carter, Tom Gardner, Wiley Hargrove and 
wife, Rev. William Latham, Henry Low, Samuel Low, Bob Stocksville — 9. 

PIERCE, JOHN G., testimony of. 297-319 

resident of Eutaw, Greene County, for about twenty years ; a lawyer by pro- 
fession 297 

member of provisional State legislature 301 

execution of the laws 297, 315 

disguised men, operations of bands of 300, 301, 302, 303, 304, 305, 306, 315 

disguised men, no convictions for offenses by 301 

riot at Eutaw.. 301, 302, 307, 308, 309, 310, 3J2, 315, 317, 3l9 

riot at Eutaw, trial of persons for 317 

riot at Eutaw, sympathy with persons engaged in 305 

negroes, whipping of , 310, 3jl 

negroes, intimidation of, from voting 310, 3f3 

negroes, promises of land and mules to 314 

negroes, sale of painted stakes to 314, 316 

negroes, education of 316 

negroes, voting democratic ticket 304, 311 

freedom of political opinion 304 

difficulty at Cross Plains, or Patona 386 

feeling of people in regard to reconstruction 311 

difficulty between Boyd and Brown 298, 312 

concerning Union Leagues 305,313 

killing of (Alexander) Boyd, solicitor 297,298,299,300,312,313,318 

killmg of Sam Colvin, (colored) 301, 312, 313, 318 

killing of Snoddy 313, 318 

Pike County, republicans unsafe in expressing their opinions in 532 

Porter, Sydenham, address of 1665, 1666, 1691 

POWELL, CHAKLl«.S, (colored,) testimony of 1845-1850 

resident of Leo's Station, Sumter County 1845 

a preacher 1846 

• whipping of witness August, 1871 ; his shooting and attempted hanging ; shoot- 
ing and whipping of Mr. Clark 1845-1849 

no one punished for the outrage; shooting of Peter Stewart, (colored,) 1870.. 1847 



INDEX. 



LV 



Pago. 

POWELL, CHARLES E., (colored,) testimony of— Continued. 

intimidation of voters ; general feeling of insecuritv among colored people ; 
was compelled to lie out at night for about two weeks ; Clark's school broken 



up 184r; 

Powell, Charles; whipped and shot 1614, 1845-1849 

Prater, W. J., killing of Jerry Clark by 1002, 1672, 1949 

Prater, W. J., released from jail 1002, 1576, 1577, 1594, 

1621, 1622, 1629-1631, 1639, 1672, 1945, 1954, 1964 

l^reamble to State Ku-Klux act 541 896, 1754, 1755 

views as to, of — 

Coleman 604,665 

Richardson 835,836 

Green 896 

Mudd 1754, 1755, 1756, 1759 

Peck 1855 

Price, Daniel, character, ifcc, of, by — 

Gillespie 1615, 161i: 

Cobbs 1623-1624, 1640 

Herr 1663, 1664, 1689, 1690, 1706, 1714 

Hall 1816-1818,1825 

Smith 1956-1958,1963 

Prior, Miles, outrage upon 995-997 

Prior, Miles, raid on house of 994,995 

Prisoners rescued from jail by disguised men 345 

Proclamation of ^layor Smith forbidding armed organizations 1957 

Proscription, social and business, of — 

Moss 92C 

Hawkins's wife 1329 

Davis 1429,1430, 1431 

Jones 1465 

Drake 1518 

Choutteau 15H4 

teachers of colored schools 16P' 

Hale Ib22, 1823, 1825 

Judge Peck 1850, 1859, 1864, 1865 

professional men , 1858 

Public opinion at close of war 226,227,246 

Public press, tone of, as to constitutional amendments and negro suffrage 844, 84.' 

as to Ku-Klux outrages, (democratic papers palliating or indorsing) 69,551,981, 

1028, 1461, 1841, 1844 

failure to report outrages 836, 837, 937, 1294, 1429 

denunciation of 893 

all outrages noticed by democratic papers 1421 

PUGH, Hon. JAMES L., testimony of 403-413 

resident of P^ufala 403 

member of United States Congress before the war and member of confederate 

congress for four years ; a lawyer by profession 404 

execution of the -laws 404, 407 

disguised men, operations of bands of 405, 411 

disguised men, no punishment for acts of 411 

negro suffrage 405, 406 

negroes voting democratic ticket 405 

freedom of political opinions Sfi 409,413 

general amnesty V „ 407,412 

feeliug of people toward the Government > 406 

feeling of people toward northerners 416 

law of Congress in regard to Ku-Kluk 410,411,413 

Q. 

QUINNEY, JAMES A. R., testimony of 1354-1355 

lives near Spring Hill, Marengo County 1354 

was at John Crudip's the night Robin Westbrook was killed ; staid all night ; 

Crudip's sons were there 1354 

they got up between 3 and 4 o'clock and started for Greene County on a visit. 1354, 1355 
does not think they left the room during the night, as he lay in the same room 

with them and was awake several times 1355 



Xjtl INDEX. 



R. 

Page. 

Races friendly relation between the ...252,335,353,356,1111,1113,1372,1410,1411,1661, 

1662, 1766, 1955 

premdice against the negroes ^ — ...550, 1179, 1320 

antagonism of 909, 981 , 982, 1179, 1350, 1707, 1955 

Ragland, Fenelon, killing of 428, 610 

Raid on house of — 

Beasley »675 

Rebecca Campbell ^47 

Orland Charles 1478,1479,1497 

Judge Carlton 774 

Dr Choutteau .. ..1574, 1575, 1594, 1595, 159S, 1602, 1604, 1622, 1623, 1631, 1632, 1668, 

1669, 1674, 1946, 1947, 1964, 1965 

court-house 16^7 

Sam Davis 1973 

Ignatius A. Few 1081 

Major Gardiner 862 

Joseph Gill 813 

Judge Hale 729 

Samuel Horfcon 729,730,732,773 

George W. Houston 1674, 1702 

Isaac tiyman 1044, 1045, 1087 

Lewis Jackson 982,983, 993-997 

Henry Kidd 867,868 

Samuel Lawler 1231,1232 

m. Lee 1333 

Jack Leslie 1168,1204 

Mrs. Lindsay 946, 947 

Joseph Manning 930 

Nathan Meeks 1201,1202 

Mr. Monette : 1482 

James M. Moss 917, 918, 924 

L. M. Nutting 1271, 1273, 1481, 1495, 1496, 1525, 1529 

Miles Prior 994,995 

Mrs. Russell 771 

Scruggs 857, 859 

A.J.Steele 944 

Wiley Strong 668,672 

Daniel Vix 1162,1196 

Jonn Ward 1045,1046 • 

Leonard L. Weir 701 

Betsey W^cs tbrook 1 243 

Jack White 1166, 1167, 1202 

James Wooden 771' 

Railroad bonds, indorsement by State of 193-199,218, 1056-1058^ 

Railroads, alleged corruption in procuring legislation for 252,359-361,965, 1424" 

State system of 519, 520 * 

State loans to 1411, 1418^ 

State compelled to pay interest on bonds of 1417 

relative to Alabama and Chattanooga 971,972, 1057 

Rapes, cases of 446, 547-549, 553, 930, 1753 

Ray, Ruff, identified by Blair 676 

REAVIS, TURNER, testimony of 331-355 

resident of Sumter County since July, 1838 ; State senator for four years dur- - 

iug the war ; resigned office of circuit judge before the war 33r 

democrat in politics 355 

execution of the laws 1 . . . . . 331,344 

disguised men, operations of bands of 332, 333, 334, 339, 340, 346, 349,' 350, 352, 353 

disguised men, no punishment for acts of 333, 340, 345, 347 

disguised men, persons rescued from jail by 345 

riot at Eutaw , 338^ .340,348, 349, 354 

feeling between whites and blacks 335, 353 

freedom of political opinions ' .338 

feeling of people toward Government *.'".''!'.'!!!!.''". I !!!!!! i ! 339, 353 

opposition to reconstruction * ' 342 

law of Congress concerning Ku-Klux ".'.339! 347! 349, 354,355 

conceining Judge Luther R.Smith 331 332 

kilhng of (Alexander) Boyd, solicitor 333 345' 351 



INDEX. 



LVII 



Page. 

REAVIS, TURNER, testimony of— Continued. 

killing of Coblentz 344 

killing of Richard Burke, (colored) 334,335,346,349,351 

Reconstruction policy, opposition to 34,95,101,202,215,241,293,377,528,561 

republicans in favor of 106 

E. W. Pettus's views as to 3«2, 383, 391, 400 

P. M.Dox's , . 435, 43(; 

Judge Peck's 1860-1862 

the cause of niuch turbulence 822 

distasteful and oppresMve 1409 

REESE, TILLER, (colored,) testimony of 1248-1251 

•works at the steam-mill; son of lietsey Westbrook 1248 

killing of his step-father Robin; outrage upon witness; recognized Wash El- 
kins, Georgey Orudip, and Sid Lipscomb 1248 

Sid Lipj-comb struck bv his step-father 1248, 1251 

was examined before the coroner; left Jefferson July 19, for Demopolis, from 

fear ; had a fight with Watt Bradley 1249 

two colored men, charged with stealing, whipped at a store in Jefferson, by Dr. 

Smith and J. Oakley 1249,1250 

Rcffney, Thomas, whipping of 928 

Republicans not permitted to speak — 

Miller, testim'ony of 1 , 2, 8, 9 

Hays 16,20,23 

Warner 28-30,42 

Norris 65, 66, 68 

Parsons b7 

Smith 109 

Olavk 263 

Speed 421 

Chapman 3952 

Republicans not free to express their political opinions — 

Lindsay, testimony of 220 

Sayre 363,374 

Pugh 409,410,413 

Dox 430 

Day 593,594,607 

Republicans whipped for their politics 681,951, 1012, 1 136, 1 137, 1757, 1993, 1995, 3997, 

2001,2(t06 

shot or killed for their politics 774, 1033, 1034, 1047, 1244, 1247, 1759, 1767 

business proscription of 1051, 1052 

persecution of *. 1081, 1084, 1139,1175 

only, visited by disguised men 1421, 1461, 1726, 3772, 1867, 1991,2004 

Republicanism the cause of whippings, tfcc 1430, 1431, 1462, 3724 

Renshaw, Ben, shooting of 1013 

Reynolds, Dean, beating of, with clubs and guns 327, 3158-1160, 1186 

RICE, SAMUEL F., testimony of 492-525 

resident of Montgomery ; resided for fourteen years in Talladega ; has been a 
member of house and of senate of State legislature; also judge and chief 
justice of State supreme court ; a lawyer by profession ; went to Alabama in 

1838 492 

counsel for Governor Smith in contest for office of governor 497 

was brought up a democrat 507 

is now a republican 506 

execution of the laws 493,520 

disguised men, operations of bands of 493, 518, 519 

disguised men, counties responsible for damages by 493 

disguised men, no punishment for acts of 493 

election laws 503, 521 , 522, 523, 524 

contest for office of governor 497-501,511-518 

general amnesty 504, 505, 509 

freedom of political opinion 494, 495, 496 

colored voters intimidated 495, 496 

negro suffrage 503 

negroes voting democratic ticket 496 

behavior of colored people 503 

opposition to reconstruction 495 

railroad legislation 519,520 

concerning Judge Luthur R. Smith 505, 509, 510 

concerning Governor Parsons 506, 507 



LVIII 



INDEX. 



RICHARDSON, WILLIAM, testimony of 815-856 

native of tho State; thirty-three years old; a lawyer; was in tte confederate 

army; was a Union man and made a Union speech 815 

subsequently followed the fortunes of his State ; member of the State legisla- 
ture in 1865 816 

general disposition on the part of the people of Limestone, Colbert, Lawrence, 
and Morgan Counties to obey the laws ; dissatisfaction with the State Ku- 

Klux act of December 26, 1868 816 

enumerates as causes of dissatisfaction, and the reason why the laws are not 
promptly ^executed, the inefficiency, incompetency, and cnaracter of the men 

holding ofece, and that they had been imposed by act of Congress * 817 

organization and object of the Loyal League ; thinks it the parent of the Ku- 

Klux organization 818, 839, 840, 855 

tho Iluntsville riot of October, 1868 818-821,834,849,854 

killing of Judge Silas Thurlow ; shooting of William W» Cox and — Roper. 820 

no Ku-Klux organization in Madison County now ; no difficulty in executing 

the law 821 

much of the disorder in the State caused by the reconstruction act; probable 

effect of general amnesty 822 

witness's views as to President Lincoln's call for 75,000 troops 823 

secession convention of 1861 and its action 824 

opposition to secession, as shown in the vote for Douglas and Bell as against 

fereckinridge 825 

how the United States flag, as an emblem of the Union and of the sovereignty 
of the United States, is regarded by those who sympathized with the rebel- 
lion since and during the war 825, 826, 850 

doctrine held by the democratic party of Alabama as to right of secession 826,827 

witness's views as to right of secession and revolution, and as to what consti- 
tutes treason 827-831 

of State sovereignty and citizenship 831,832,850 

was twice invited to join the Ku-Klux 833, 855 

strength of the Ku-Klux in Madison County in 1868 834 

the preamble to the State Ku-Klux law of December 26, 1868, untrue ; the law 

was bitterly assailed by the democratic party 835,836 

reports of Ku-Klux outrages in democratic and republican newspapers 836,837 

knows of no convictions tor Ku-Klux outrages 837 

objects of the Ku-Klux organization 849 

relative party vote of Madison County 840,841 

general opinion as to northern settlers, and how influenced by their political 

opinions 843,842 

favors education of the colored children 843 

views of the democratic party of Madison County as to the fifteenth amend- 
ment and negro suffrage 843, 844 

tone of the democratic press of the State relative thereto 844,845' 

enumerates as sources of complaint tfie election law 845 

the presence of United States troops 846 ' 

the inability of the leading men, the centralizing tendencies of the Govern- » 
ment, and the political disabilities imposed by the fourteenth amendment. 847 > 
his opinion as to whether the men subject to political disabilities are opposed to 

making application for relief ; favors general amnesty 848 

alleged outrages by General Turchin's troops in Athens, in 1862 850,851 

the people of the South have submitted in good faith, and are sincere in trying 
to restore good feeling ; they have now no hostility to th'e Government, or 

mtention to overthrow it ; general amnesty the wisest policy 851 < 

Ku-Klux introduced into the State in 1867 ; law of December 26, 1868 852^ 

C. C. Sheets ordered by Ku-Klux to cease his speeches 852,854,856 

testimony of William R. Chisholm relative thereto 853,854 

the republican party of the State has urged the removal of all political disabil- 

■oTT^T^iH^^ 'a^^?®^^^ conduct and behavior of the negroes since the surrender 856 

liLuDLti, A. A. J., testimony of 1504-1518 

resident of McKinley ; a planter and physician ! ." " " " . . . . 1504 

interruption of political meeting, at Linden, where William B. Jones was 

speaking, and his withdrawal from the canvass 1504-1509, 1514, 1515, 1516 

Jones shot at in Chickasabogue swamp . J507 

feeling against Dr. Jones 1508 

general let-ling against republican office-hoYd'ers! 1510 
laws generally enforced in Marengo County ; killing of Robin Westbrook. . . . 1511 
whipping of Mr. Neibhng t j5jl 15^2 



INDEX. 



LIX 



Page. 

RIDDLE, A. A. J., testimony of— Continued. 

miscegenation 1512 

Kn-Klux organization ; its extent, tScc 1513, 1514 

killing of Abe Lyon 1514 

character of Mr. Jones's speeches 1515 

display of the L^nited States flag* at republican meetings, but not at democratic. 1516 
Avhipping of Richard Lewis to make him confess firing upon Dr. Smith 3517 

Riddle, Mrs., whipping of 157, 158 

Riot in Eutaw, (see Eutaw.) 

in Huntsville, (see Huntsville.) 

in Meridian 1439 

Rioters, trial of Eutaw, (see Eutaw.) 

Rivers, Henry, shooting of 1165, 1190, 1200, 1201 

Roper, George, shooting of 688-6H8, 094, 820, 674, 900 

ROPER, GEORGE, (colored,) testimony of 686-G94 

lived in Huntsville in November, 1668 686 

was in the TJ'nion Army 689 

describes when and under wliat circumstances he was shot 686-688,694 

recognized Captain Cox as one of his assailants ; none of them were disguised. 688 
many colored people Ku-Kluxed in the fall of 1868; a great many arms taken 

from them ; witness's gun taken 689 

colored man killed ; wounding of Captain Cox ; killing of Jndge Thurlow. .. 690 

the case investigated by the military and the grand jury.., 692,693 

Roundtree, Robert, struck with pistol 1160,1187-1190 

Russell, Mr., killing of Levi Murphy by 748,765,766,773 

liussell, Mrs., raid on house of 771 

S. 

Sannuds, Mr., alleged Ku-Klux, killing of 1749,1854,1975 

SANDERS, EDWARD CLEMENT, testimony of 1797-1812 

resident of Gainesville, Sumter County ; a carpenter; was a whig 1797 

was in the confederate army 1800 

killing of Richard Burke 1798, 1807, 1808, 1812 

Jasper taken from jail and killed 1798, 1799, 1808, 1809 

Zeke High taken from jail and killed 1799, 1808 

Ku-Klux organization; extent, iXrc 1800, 1801, 1803-1807, 1809, 1810 

a great many persons killed and whipped in different parts of the county ; as 

many as twenty or thirty eases 1800 

thinks it w*onld be a good deal better for the negroes if they were back in 

slavery; does not believe in negro suffrage 1801 

believes in negro education 1801, 1802 

witness's views as to the necessary qualifications for voters ; the last election 
democratic ; the negroes, to all appearance, voting without any apprehen- 
sion 1802 

the colored men afraid of the Ku-Klux 1807 

palliation of Ku-Klux 1807, 1810 

shooting of Hayne Richardson, (colored ;) negro whipped in Greene County.. 1808 

promises of lauds and mules to negroes 1810, 1811 

Union League organization; its extent, S:c 1811 

Sauford County, whipping in 1754 

Sapp, Mr., killing of 942, 1162, 1196, 1197 

SAVRE, P. T., testimony of 355-374 

resident of Montgomery ; a lawyer by profession 355 

execution of the laws 356 

election laws 358, 367, 368, 369 

disguised men, operations of bands of-. 356, 361, 364, 3()5, 37.3 

disguised men, prosecutions for acts of 367 

railroad legislation, Sec 359,360-361,364,373 

feeling between whites and blacks t 356, 371 r 

opposition to State constitution 358, 364 

democratic negroes 356, 362 

contest for ofiice of governor 361, 362 

concerning Freedmen's Bureau 357,371 

taxes 360,372 

freedom of political opinions 363, 374 

promise of lands and nmles to negroes 363,374 

difficulty at Patona, or Cross Plains 3li5 

concerning Union Leagues 357,362,^371 

killing of Mr, Boyd, solicitor 365 



INDEX. 



Pago. 

Scalawags 233, 746, 888, 1294, 3422, 1609, 1982 

Scales, Sam, killing of 666,719 

Scarborouffb, Mr., killing of 1677 

School-hoSses burned 52, 140, 236, 754, 932, 1025, 1026, 1043, J046, 1288, 1363, 1548, 

1614,1655,1731,1739,1920 

Scbool system and tax 970, 971 

Scbool fund, bow administered 227,232,240,248, 1055,1056 

Scbools broken up 754, 1087, 1088, 3338, 1268, 1269, 1329, 1330, 1848 

Schools, outrage upon teachers of 52,54,67, 140,755, 1047, 1138-1140, ia53 

Scruggs, , robbing of. 857, 859, 860 

Scruggs, raid on house of 857, 859 

Secession, right of, &c 824-832, 850, 904, 905, 1865 

Selma and Meridian Railroad Company forbidden to employ negro firemen 1293 

Shapard, William, character as to veracity of 782, 790, 791, 872, 885, 984, 988, 989 

SHAPARD, WILLIAM, testimony of ^ 744-769 

sixty-seven years old ; lives in Blount County ; pative of Virginia ; a farmer ; 

a Union man : 744 

is persecuted on account of his political sentiments 744,745 

scalawags and carpet-baggers notified to leave the country 746 

objects of the Ku-Klux organization 747 

killing of Levi Murphy, sherifi^, by Russell, an alleged Ku-Klux . 748,765,766 

all the Tnen killed were republicans ; cites cases of Levi Murphy, Russell Camp- 
bell, Lemuel Falkner, Lewis Ketchum, and Higgins ; Johu F. Mc- 
Dowell whipped for voting the republican ticket, and driven from home 749 

Ku Klux an organized band ; their number and disguises 750, 753 

character of grand jurors 751 

intimidation of voters 752, 768, 769 

schools broken up and school-houses burned 754 

churches burned ; threats against school-teachers; heard Lewis Copeland make 

threats 755 

existence of Ku-Klux denied 755, 756 

woman whipped and driven off ; Edward AUdredge and Joseph Dinmore shot at. 756 

whipping of James Horton 756,757,767 

character of Mr. Lakin 757, 758 

firing at camp-meeting the evening Mr. Lakin preached 758,759,760 

exhibition on camp-ground of Mrs. Horton's monstrous birth 759,760 

frequent indictment of witness in the last twenty years 760, 761 

obtained "money from General Burke during his canvass for Congress 761-763 

his testimony in the election case of Hines and Sherrod before Judge Busteed's 

court 763 

standing of Mr. Moore, alleged cyclops 767 ^ 

witness acquitted on all indictments without summoning a witness; has many 
enemies on account of his political principles ; intense hatred in the commu- 
nity against the Government ; views of the democrats of Blount County as 

to the fifteenth amendment and negro sufixage 768 

and as to the *'new departure'* 769 ^ 

Sheely, Alex., whipping of lOJl ^ 

Sheets, C. C, notified to quit making speeches 852,854,856 ^ 

Shiloh, disturbance of meeting at 1431» 1453, 1539, 1540, 1543, 1544 ^ 

Shootings : 

Alston, James H., (colored,) Macon County, June, 1870 229, 1017, 1018, 1023, 

1029, 1031, 1036, 1037, 1059-1061, 1068, 1069, 1091, 
1092, 1094, 1096, 1097, 1104, 1105, 1108-1110, 1 J13 

Charles, Orlando, wife of, (colored,) Hale County, 1870 1478, 1479, 1497 

Cox, William W., Madison County, 1868 432,690,785,766,820,874,900 - 

Dew, Henry, (colored,) Greene County, spring of 1871 1789, 1790, 1796 

Dougherty, William, Macon County, June, 1870 1023, 1024, 1032, 1062, 1064, !065 

Etheridge, J. S., Sumter County 1676 

Fletcher, , (colored,) Hale County, August, 1871 1284,1482 

Gardner, Judge, Butler County, 1868 527 

Goshe, Adam, (colored,) Macon €ounty, October, 1870 1092-1094 

Hartley, Monie, and son, (colored, ) Perry County, April, 1871 416, 422 

Hill, Judge F. M., Choctaw County, February, 1871 ....50, 103, 1627, 1891, 1916-1918 

Houston, George W., (colored,) Sumter County, August, 1869 999, 1000, 1574, 

1575, 1595, 1607, 1622, 1623, 1631, 1632, 1673, 1674, 3737, 1949, 19r.4, 1964 

Houston, George W., son of, (colored,) Sumter County, August, 1869 999, 1000 

Ishara, (Ezell?) (colored,) Choctaw County, 1873 1334,1335 

Isham, Ezell, wife of, (colored,) Choctaw County, 1871 1335 

Jolly, Alfred, (colored,) Sumter County 1001 



INDEX, LXI 

Page. 

Shootings— Continued. 

Ketchuni, Lewis, Blount County, December, 1870 742,775,791 

Knight, Jesse, Morgan County, J8(J9 127 

Larkin, Ned, sou of, (colored,) Jackson County, December, 1870 932 

Lawler, Sam, Jackson County, February, 1870 932,1231,1232 

Lipscomb, Peyton, (colored,) Aladison County, August, 1871 669,945,950,952 

Mitchell, Columbus, (colored,) Macon County, October, 1870 1092-1094 

Moore, Jacob, (colored,) Calhoun County, July, 1870 78,79 

Powell, Charles, (colored,) Sumter County, August, 1871 1614,1845-1849 

Randolph, Mr 1978,1979 

Reid, Robert, (colored,) Sumter County 1459 

Renshaw, Ben, (colored,) Coosa County, January, 1871 1011 

Richardson, Hayne, Sumter County, August, 187(3 1776, 1781, 1808 

Rivers, Henry, (colored,) Marshall County, August, 1869 1165,1190,1200,1201 

Roper, George, (colored,) Madison County, November, 1868 686-688,694,820, 

874,900 

Sledge, Enoch, (colored,) Sumter County, 1869* 998,99;) 

Spiingiield, 11. J., Saint Clair Count, July, 1870 1171, 1217-1220, 1222, 1223 

Stewart, Peter, (colored,) Sumter County, 1^70 1847 

Strong, AViley, (colored,) Madison County, December, 1870 668,672,930 

Tran^blies, America, son of, (colored,) Chambers County, 1870 1047 

Trawick, Mr, Fayette County 1986 

Turner, Prior, (colored,) Madison County, March, 1^69 133,150,883,897 

Wright, Felix, (colored,) Macon County, October, 1870 1092-1094 

SHORTER, C^SAR, (colored,) testimony of 1072-107rt 

lives in ^Montgomery ; votes the democratic tick(^t 1072 

was a servant of Governor Shorter ; was a republican; turned democrat, be- 
cause he was disappointed in the operations of the Union League 1073, 1074 

servant now of Governor Lindsay 1077 

has been trcquently threatened with violence because he was a democrat; 

thinks other democratic negroes have been intimidated 1072 

disturbaiu-'c at a democratic meeting, and witness struck 1072, 1073 

none of the colored race lit for officii 1074 

is not in favor of the 6tteenth amendment 1075 

is afraid of his colored brethren 1076 

has had no trouble in voting ; has seen in democratic papers where colored meu 

have been whipped by their own people 1078 

Simmons, Mr., whipping of 717 

Simpson, Mr., killing of 1971, 1972, 1984, 1985, 1991 

Sisscomb, George, identified by Reynolds 11.-^6 

Sledge, Dennis, killing of 1736 

Sledge, Mack, shooting of 998,999, 1736,1949 

Sledge, Frank, killing of 998,999 

Smith, , killing of 611.786,893 

Smith, Arthur A., received Ku-Klux letters 1295, 1328 

SMITH, ARTHUR A., testimony of 44-64 

resident of Choctaw County, and engaged in planting; formerly resident of Greene 

County and clerk of county court 44 

resigned ofSce of circuit clerk of Greene County 52,53 

lived in Alabama since May, 1.^69 53 

appointed circuit clerk in October, 1869 53,60 

superintendent of education for Greene County 52,60 

disguised men, operations of bands of ^ 48,57 

disguised men, trial of persons for acts of 56 

disguised men, witnesses afraid to testify against 58,61 

disguised men, courts unable to punish acts of 58 

riot at Eutaw, Greene County 44,45,62 

riot at Eutaw, trial of persons for 51,54 

colored j urors 53 

burnings in Choctaw County 51,58 

anonymous threatening letters 50,52,63 

school-houses burned 52 

teachers of colored schools driven away 52,54 

negroes voting democratic ticket 59 

negroes afraid to vote 59 

whites thoroughly and negroes partially armed 64 

concerning Judge Luther R. Smith 51, 53 

diffieulty between Boyd and Brow^u 49 

tiring at Judge F. M. Hill 50 



LXII 



INDEX. 



Page. 

SMITH, ARTHUR A., testimony of— Continued. 

killing of Mr. Boyd, solicitor 4b, 57, 5b, 59, 63 

killing of Snoddy 49 

attack on Mr. Burton 46, 55 

Smith, Colomay, knocked down and shot at 1221 

SMITH, EDWARD \V. , testimonyof 1955-1969 

resident i)f Livingston, Sumter County ; a lawyer; native of North Carolina; 

was mayor of Livingston ; is a member of the legislature 1955 

^ji£Biflcrat ; was in the confederate army 1962 

relations between the races immediately after the war ; these conditions changed 
in about a year, owing to the evil influence of a few white men ; disorderly 

conduct of the negroes 1955, 1960 

armed bands of negroes and their behavior ^..1955, 1960, 1962, 1963 

issued a proclamation forbidding armed organizations 1955, 1956 

character and actions of Price, Rolfe, Hayes, and others 1956, 1957, 1958, 1963 

copy of proclamation issued ; character of the election of 1868 1957 

arrest of Mr. Barker, Mr. Ennis, afid five or six others by the military under 

Lieutenant Ryan 1958, 1959 

character of the canvass of 1870 in Sumter County 1959, 1960 

no attempts at intimidation of voters 1960 

Loyal League, its extent, &c 1960, 1962, 1963 

whipping of Amanda Childers by Mr, Jones 1960, 1961 

Ku-Klux Klan, its extent, &c 1963, 1964, 1965, 1966, 1967, 1968, 1969 

riots at Eutaw and Meridian ; Zeke High and Jasper taken from jail and 
killed ; Prater released from jail ; killing of Richard Burke, and shooting of 

George Houston 1964 

Choutteau*s house shot into and Coblentz killed 1964, 1965 

does not remember an instance of any of the men concerned in these outrages 

being punished 1965 

efforts niade to discover the perpetrators of the outrages on Jasper, Coblentz, 

Zeke High, Burke, Choutteau, and Houston 1965, 1966 

Dr. Browning killed in the raid on Choutteau's house 1966 

Smith, J. S., identified by Dougherty 1024, 1032, 1033 

Smith, Judge J. Q. , warned not to hold court 1871, 1872, 1889 

Smith, Judge J. Q., adjournment of court of 1918 

Smith, Judge L. R. burning of mill, ifec, of 1269,1293,1419,1611,1643,1872,1873 

Smith, Judge L. R , character of 176, 177, 263, 1610-1612, 1644, 1645, 1878, 1879 

Smith, Judge L. R., notified to resign 16,295, 1644 

SMITH, LUTHER R., testimony of 101-111 ' 

resident of Choctaw County ; went to Alabama in 1865 ; register of Choctaw 

and Chickasaw Counties ; judge of seventh judicial circuit 101 

mill and gin-house burned 105 

called upon to resign office of circuit judge 103, 106, 108, 109 

anonymous threatening letters 103, 104, 108 • 

disguised men, operations of bands of 101, 103, 105 ^ 

disguised men, no punishment for acts of 107^ 

disguised men, witnesses afraid to testify against 107 ^ 

officers requested to resign 103, 106, 108, 109 ^ 

witnesses killed or driven off 103 

opposition to reconstruction 106 

freedom of political opinion 109 

law of Congress concerning Ku-Klux 108 

trial of Eutaw rioters 105 

killing of Mr. Boyd, solicitor 101 ^ 

killing of Nathanial Edwards, (colored) 102^ 

shooting of Judge Hill 103 

whipping of Mr. Latham 104 

Smith, Mr., fray with Mr. Randolph 1778,1779 

SMITH, S. D., testimony of 1251-1262 

resident of Jefferson ; a practicing physician 1251 

native of North Carolina 1262 

negroes charged with stealing from a store in Jefferson struck by witness and 

J. W. Oakley 1251,1252 

^ Robin Westbrook killed ; coroner's inquest held ; no one implicated ; knows 
tho parties identified by Betsey Westbrook and ^Tiller Reese in their testi- 
mony before the committee ; was not called in to see Lipscomb ; never 

heard of his being injured 1252 

character of Robin Westbrook 1253, 1259, 1260, 1262 



INDEX. 



LXIII 



Pago. 

SMITH, S. D., testimony of— Continued. 

shooting- at witness by negroes calling themselves Ku-Klux 1253, 1J54, 1*256, 1*258, 

1259, 12G0 

much trouble in the community from thefts of stock ; crimes of the freedmen, 1255 

character and standing of Elkins 1255, 125t^ 

nine arrested for the outrage upon witness ; two were released, one escaped, 
and six are in jail awaiting trial ; was not at the coroner's inquest over the 
body of Westbrook : thinks there would have been no danger in the mother 

and son implicating the men who killed Westbrook 1256 

there were two opinions as to the parties who committed the murder 1256, 1258 

character of Lipscomb 1257,1258 

and of Mr. Crudip 1258 

general behavior of the negroes 1260, 1261 

no intimidation of democratic voters in his precinct ; no feeling against West- 
brook because he was a radical 1261 

Smith. S. D., shot at by negroes 1253, 1254, 1256, 3258-1260, 1398-1400, 1403, 1517 

Smith, 8. D., negroes whipped by 1249-J252 

Snoddy, Samuel, killing of 2,3,6,49,258,265,277,313,318 

Suodgrass, lien, killing of 428 

Somner, John, identified by Vix 1196 

SPEED, JOSEPH H., testimony of 413-427 

resident of Eutaw ; born and educated in Virginia 413 

teacher before the war ; officer in confederate army ; whig up to the war ; 

republican since the war 414 

disguised men, operations of bands of 414,415,418,419,420,421 

disguised men, no punishment for acts of 419, 420 

execution of the laws 414 

anonymous threatening letters 418,423 

riot at Eutaw 423 

concerning State University 418,425,427 

education of negroes 426,427 

colored voters intimidated 419 

freedom of political opinions 421 

general amnesty 425 

concerning Kev. A. S. Lakin 427 

whipping, shooting, and hanging of George A. Clark 417 

killing of Mr. Boyd, solicitor 420 

killing of Stillings 415 

killing of Greatiiouse, (colored) 417 

shooting of Monie Hartley and son, (colored) 416,422 

whipping of Isaac Hall, (colored) , 415,416 

whipping of Alfred Darling, (colored) 416 

whipping of Katie La Grone, (colored) 417, 422 

Springtield, H. J., wounding of 1171,1217-1220,1222, 1223 

Stakes, sale of • 1134 

Starkey, William, hanging of 1222 

State administration, character of 244,965, 1178, 1180, 1715, 1717 

State debt, bonds, &c 977-979,1055-1057,1411,1417,1418,1424 

State government, reorganization of 906,907,909,910 

Saint Clair County, outrages, in : William Starkey ; killed in : Frank Harrison ; 
shot in: H. J, Springfield. 

STEELE, ANTHONY, (colored,) testimony of 948-951 

lives in Madison County. 948 

was visited by disguised men; character of the disguises worn 949 

Wash Strong, Henry Johnson, and Peyton Lipscomb whipped ; the latter 

shot 950 

STEELE, ARCHIBALD JACKSON, testimony of 944-948 

a preacher; lives in Madison county ; seventy-two years old ; manages a plant- 
ation \ 944 

was a Union man 947,948 

is a democrat 948 

was visited by bands of disguised men five or six times since the war ; on their 

first visits they did not interfere with anything or anybody 944 

object of the visit, on August 23, 1871, to abuse the colored people living with 
him ; the negroes were taken to the woods and beaten unmercifully, shot at, 
and one wounded ; their names were Henry Johnson, Peyton Lipscomb, 

and Washington Strong 945 

Peyton Lipscomb was the one shot 946 

raid on Mrs, Lindsay's house 946,947 



LXIV 



INDEX. 



Page. 

STEELE, ARCHIBALD JACKSON, testimony of— Continued. ^ ^ ^ .^^ 
frequent raids on Rebecca Campbell's house ; she is struck on the head with a 
double-barreled shot-gun by Yarbrough ; no one arrested, except Yarbrough, 

for any of these outrages 947 

Steele, William, hanging of - - 

STEWART, NATHAN L., testimony of ....1405-1408 

lives on the road to Jefferson, six miles from Demopolis, Marengo County 1405 

was an overseer ; a native of the State 1407 

thinks Westbrook was killed in August ; knows Sib Lipscomb ; he was at home 

when the murder was committed 1405 

be was sick and witness waited on him ; he did not leave the house that night. . 1406 

Stewart, Peter, shooting of - 1847 

STICKNEY, CHARLES L., testimony of 1518-1537 

resident of Hale county; a planter; native of the State 1518 

has an interest in the manufacture of shoes, harness, &c 1519 

the laws executed ; good order prevails 1518 

character, standing, &c., of Dr. Blackford .....1518,1519,1520,1523,1524 

Mr. Chapman visited and insulted 1519, 1530, 1531 

good eflect of Ku-Klux operations 1519, 1520, 1530, 1531, 1532 

gin-house burned by a negro and he shot by disguised men 1519, 1520, 1533 

burning of Green's house, of Andy Johnson's livery stable, and Robert John- 
son's workshop 1520 

Aleck Webb killed by John Orick; the riot in consequence 1521, 1522 

arrest of Gewer 1522 

micegenation 1524, 1522 

Mrs. Nutting's house fired into ; her character and standing 1525, 1529 

raid on Dr. Blackford 1525,1526,1529 

the difficulty in following and ascertaining who were the perpetrators of these 

offenses 1526, 1527,1528 

McGrary released from jail 1528, 1529 

never heard of the Ku-Klux being guilty of any brutal outrage; heard of a 
negro being visited and moderately whipped ; that not an act of brutality,. 1530 

Ku-Klux organization, extent, &c 1530, 1531, 1532 

palliation of Ku-Kiux outrages 1531, 1532 

editorials from the Alabama Beacon read, and comments of witness 1534-1536 

Stillings, , killing of 415 

Stock, stealing of 1313, 1686, 1717, 1767, 1839, 1842, 1844, 1941 

Stocksville, Bob, whipping of 1995,1998,2001,2006 

Strange, Mr., killing by Mr. Burrus of 658 

Stratton, Mr., killing of 1677 

Strong, Marshall, taking of gun of. 927 

STRONG, WASHINGTON, (colored,) testimony of 956-957 

works on Mr. Steele's place 956 

whipped by disguised men ; character of the disguises worn 956,957 

negroes afraid to vote 957 

Strong, Washington, whipping of 669, 946, 950, 952, 956, 957 

STRONG, WILEY, (colored,) testimony of 668-674 

lives a mile above New Market, on Joseph H. Miller's quarter 6^ 

his house attacked by disguised men and witness shot, in December, 1870 668, 672 

character of the disguises ; his wife beaten 668, 669 

Peyton (colored) shot; whipping of Hal Johnson and Washington Strong 669 

killing of Henry Clunu 669,671 

witness's fight with Mr. Caldwell 670, 671 

Strong, Wiley, wife of, struck on head with pistol 668, 6Q9 

Sturdeway, Green, whipping of 1012 

Suffrage, negro, opposition to 31,34,191,226,255,256,554 

L. E. Parsous's opinion of 87, 88, 92, 94 

Mr. Day's opinion of 605 

acquiescence in 202, 395, 396 

division of sentiment as to 383 

mistake not to accept 405, 406 

Sullivan, Moses B., whipping of 123, 127,146,1165 

Sullivan, Moses B., affidavit of 146-148 

Sumter County, number of homicides in 1001, 1703, 1800 

election statistics of 1461, 1586, 1587, 1591-1593, 1619, 1678, 1679, 1828 

population of jOOl 

killed in: Jasper Alexander, Enoch Boyd, Dr. Browning, Mr. JBry an, Richard 
Burke, Amanda Childers, Jerry Clark, Coblentz, Collins, Flem Cross's wife, 
Grattan, Dudley Hart, Hopper, mail-agent, Dennis Pearl, Anthony Rogers, 



INDEX. 



LXV 



Page. 

Sumter County, number of homicides in — Continued. 

Mr. Rogers, Scaiboroug-b, Dennis Sledge, Frank Sledge, Stratton, Silas, 
Thurlow, Travis, Ezekiel Williams, Yankee Ben, Anderson Young's son — 2(j ; 
shot in : J. S. Etheridp^e, G. W. Houston and son, Alfred Jolly^ Charles 
Powell, Robert Reid, Ilayne Richardson, Enoch Sledge, Peter Stewait— 9; 
outraged in: John Childers, George A. Clark, Danger Godfrey, S. A. Hale — 4 ; 
whipped in: Charles Brown, Danger Brown, Amanda Childers, G. A. Clark, 
Prince Evans, ]Mr. Lovet, Charles T. Powell — 7. 

Tallapoosa County, disturbances in 1121 

whipped in : Alexander Shelly. 

Taylor, Daniel, burning of house of 3137 

TAYLOR, DANIEL, testimony of. 1125-1135 

residence has been in Tallapoosa County ; now in Opelika, Lee County ; native 

of Georgia; a planter ; a democrat all his life ]]'25 

there was a Ku-Klux organization about a year ajjo : John T. Wright leader of 
the " Black Cavalry.'' and afterward drummed for recruits to the ]\u-KIux ; 

Mr. Meadows threatened 1P2() 

colored girl whipped and driven away 1126, 1127 

Squire Brewer threatened ; Simeon Orr confessed being captain of a Ku-Klux 

band; a.number of negroes driven to the woods 1126 

heard of other .Ku-Klux oi)erations in Coosa County from II. D. llarroll 1126, 1130 

character Ac, of the membership, and purpose of the Ku-Klux.. 1126, 1127, 122H, 1129, 

1130,1131 

effect of Ku-Klnx outrages upon the labor of the country 1128 

general conduct of the colored i)eople 1129 

general complaint in other flections about negroes stealing stock 1130, 1 132 

what the negroes have been taught by Mr. Norris and others 1130, 1131, 1133 

effect upon the planters of stock-stealing ; Freedmen's Bureau 1132 

universal belief among the negroes that forty acres of land and a mule were to 

be given to each of them 1133 

selling of sticks 1134 

reasons for the whites not voting for the constifution of 1668 1131, 1 Ki.") 

TAYLOR, GEORGE, (colored,) testiuiony of 572-576 

lives about three miles from Iluutsville ; is married ; 28 years old ; was a slave ; 

lived in Cherokee County 572 

voted the democratic ticket to save his life 573 

is a Methodist preacher 573,574 

whipping of witness in Cherokee, Colbert County 572 

mauner and severity of whipping 572,574 

is compelled to leave home 572,573,574 

character of disguises worn 574 

affidavit of witness 576 

Taylor, George, whipping of 128, 148, 572 

Taxation, not heavily felt 11 

comparison with previous 360, 372, 461, 963, 974, 1056 

county 969, 970, 976-979, 1304, 1307-1312, 1316 

Tax sales 1409, 1415-1417 

Teuy, David, identihed by Reynolds 1186 

Testimony, dithculty in procuring, in Ku-Klux c^ses L>, 16, 17,21,23 

Testimonv of: 

Abercrombie, Robert H 1103-1113 

Abrahams, William Thomas : 1378-1387 

Adler, Emanuel '. 1557 

Alston, James H 1016-1022 

Alkbedge, Enoch 984-993 

Battle, Cullen A 1059-1072 

Beggs, William 1953-1955 

Bennett, Granville 1 734-1 745 

Berry, Isaac Marion 769-780 

Blackford, William T 1271-1302 

Blair, Augustus 671-679 

Brown, Jesse 800-861 

Brunson, Simeon 1999-2005 

Busteed, Richard 320-330 

Butler, John M 1091-1099 

Chapman, Reuben, Jr 1940-1953 

Cherry, C. S 70-77 

Childers, John 1719-1728 

Christian, Robert 1558-1564 

A 



LXVI 



INDEX. 



Pago. 

Testimony of— 

Clanton, James H 226-25/ 

Clark, James 1? TA^^^T'^^I 

Cobbs, Thomas 1520-1 b4b 

Cockrell, William E 42-44 

Coleman, Daniel 646-668 

Coleman, John Tajloe 1048-1054 

Crawford, General Samuel W 1156-1183 

Daniel, Sir 993-997 

Davis, Hugh N 1897-1899 

Davis, Nicholas 780-791 

Davis, Stephen B 1428-1433 

Day, Lionel W < 590-635 

Dougherty, William 1022-1042 

Dox, Hon, Peter M 428-462 

Drake, Charles L 1545-1550 

Echolls, Howell 957-960 

Edwards, Drury Reuben 1923-3933 

English, William H 1433-1441 

Falkner, Jefferson ,.-..11 14-1 125 

Fenderson, Shepherd 1395-1405 

Few, Ignatius A • 3080-1085 

Ford, William 679-686 

Forney, William H 462-492 

Fullerlove, Robert 1649-1660 

Gardiner, Major 862-864 

Ganett, James J 1475-1491 

Giles, Henry 1009-1016 

Gill, Joseph 812-815 

Gillespie, John C 1602-1620 

Glover, Benjamin M 1868-1897 

Glover, Pearson J 1338-1351 

Goodloe,John Calvin 636-641 

Gould, J. McKee 1837-1845 

Green, Thomas U 870-871 

Hale, Samuel A 1812-1835 

Hamlin, Henry 857-859 

Hargrove, Wiley 1993-1996 

Harris, John G 1587-1602 

Hatter, James D 1933-1940 

Hawkins, Thompson C 1324-1333 

Hay, Hon. Charles 12-25, 1835-1837 " 

Healy, Robert W 1 155-1 156 

Henderson, William 576-590 

Herr, Benjamin F 1661-1719 

Hill, Francis Marion 1916-1922 

Holley, John J 1135-1144^ 

Horton, Benjamin 738-744» 

Horton, Samuel 728-73?^ 

Houston, George W 997^004 

Jackson, Lewis 982-983 

Jackson, Sam B 1441-1447 

Jeffries, Algernon Sidney 1491-1504 

Jolly, J. J 264-297 

J ohnson, Henry 953-956. 

Johnson, Henry T 1351, 135^ 

Jones, George 1388-1395 

Jones, William B v 3450-1475 

Judkins, Oscar 1042-1048 

Kelly, William L 1551-1557 

Kidd, Henry 867-869 

Killens, Jano ) 733_] 734 

Kinnard, Michael C 1730-1733 

Lakin, Rev. A. S 111-159 

Lindsay, Governor Robert B 159-225 

Lee, William. 1333-1337 

Leonard, Benjamin 1785-1797 

Lentz, Willi am H 722-728 

Lile,John A 939-944 



INDEX. LXVII 

Page. 

Testimony of — 

Lipscomb, Peyton 951-953 

Lon^, Burton 1149-1154 

Loper, Charles 1113-1114 

Low, Henry 1996-1999 

Low, Samuel 2005-2007 

Lowe, William M 871-912 

Lyon, Eliza 1202-1271 

Lyon, Francis S 1408-142S 

Ma^^uire, William H * 1661 

Mabone, Charles 1078-1080 

Marcbbanks, Alexander 865-867 

Martin, Lvman W 1144-1149 

Matthews, William 641-616 

McCall, Daniel 1899-1916 

McXeill, Malcolm Hector 1537-1545 

Meredith, Keuben A ^ 1771-1785 

Michael, Jacob, jr 1366-1378 

Miller, William 1-12 

Minnis, John A 527-571 

Moore, Allen K 1565-1587 

Moss, James M 915-926 

Mudd, William S 1745-1771 

Noble, William R 1055-1059 

Non-is, Hon. B. W 64-69 

Parsons, Lewis E 77-101,111 

Peck, E, Woalsey 1850-1863 

Pettus, Edmund W 374-403 

Pierce, John G 297-319 

Powell Charles 1845-1850 

Pii^h, Hon. James L 403-113 

Quiuney, ,Tames A. R 1354-1355 

Eeavis^ Turner 331-355 

Keese, Tiller 1248-1251 

Kice, Samuel F 492-525 

Eichardson, William 815-856 

Kiddle, A. A. J 1504-1518 

Koper, George 686-694 

Sanders, Edward Clement 1797-1812 

Sayre, P. T 355-374 

•Shapard, William 744-769 

Shorter, Citfsar 1072-1078 

Smith, Arthur A 44-64 

Smith, Edward W 1955-1969 

Smith, Luther P 101-111 

Smith, S, D 1251-1262 

Speed, Joseph H 413-427 

Steele, Anthony 948-951 

Steele, Archibald Jackson 944-948 

Stewart, Nathan L 1405-1408 

Stickney, Charles L 1518-1537 

Strong, Washington 956-957 

Strong, Wiley 668-674 

Taylor, Daniel 1125-1135 

Taylor, George 572-576 

Tinker, Mack 1360-1366 

Turner, Henry Peters 912-915 

Van Valkenburg, John 791-809 

WsLcrer, John II 926-939 

Walker, Richard 960-982 

Ward, John M 1085-1091 

Warner, Hon. Willard 25-42 

Watley, Smith 1004-1009 

Webb, Robert D 1728-1730 

Weir, Leonard L 694-722 

Westbrook, Betsey 1242-1247 

Whitfield, Newton L 1969-1993 

Williams, Mary Eliza 1356-1360 

Williams, Wilson 1099-1103 



LXVIII 



INDEX. 



Page. 

Testimony of — 

Woolf, Henry Ashby 1447-1450 

YouDff, James A 1303-1324 

Thomas, N. 8., killing of 1671, 1672, 1701, 3702, 1883-1885, 1895, 1896 

Thomas, W. K, whipping and cutting oflf of ears of Danger Brown by 1595, 1596 

Thompson, Boh, lulling of 428,967 

Thiirlow, Judge Silas, killing of. .115, 432, 442, 452, 599, 602, 614, 618, 690, 786, 820, 874, 900 

Tidwell, Mr., whipping of ^349 

TINKER, MACK, (colored,) testimony of 1360-1366 

lives in Choctaw County J 360 

AboLyou killed 1360 

Mike Dunn killed, 1871 1360, 1361, 1365 

Isham Ezell killed .- 1361, 1364 

Lem Campbell killed ; no one punished for these killings 1361, 1362, 1363 

a great many colored people have left through fear 1362 

intimidation of voters 1362,1363 

two school-houses burned ; has been lying in the woods for fear of the Ku- 

Klux; the riding in disguise in the county is just ruining the country 1363 

Sam Cook's wife whipped 1364 

general feeling of insecurity among colored people 1365, 1366 

Tramblies, America, killing of 1042, 1043, 1047, 1087, 1114, 11 15, 1117, 1118 

Tramblies, America, shooting of son of — 1047 

Travis, Mr., killing of J 999 

Travis, Tom, identified by Reynolds 1186 

Trawick, Mr., shooting of 1986 

Treadway, Sheriff, compelled to leave home 545-547 

Troops, applications for 1162, 1163, 1167, 1169, 1172, 1173 

Tulley, John W., compelled to leave 127 

Tuscaloosa, raid on 1852 

Tusciiloosa County, number of murders in 1852, 1970, 1971 

election statistics of 1987, 1988 

killing of Mr. Crossland, I^Ir. Finley, Mr. Frankenham, Mr. Miller, Mr. Sam- 
uel, Mr. Simpson, Bill Washington, Mr. Wilson — 8. 

TURNER, HENRY PETERS, testimony of 912-915 

lives in Meridianville ; a farmer 912 

a democrat 915 

contradicts the testimony of Aleck Marcbbauks and Henry Kidd as to out- 
rages committed upon them 912 

saw the Ku-Klux in disguise in the fall of 1869 913, 914 

knows nothing about the Ku-KIux organization 914 

disarming of the negroes in 1868 914, 915 

Turner, Prior, shooting of 133, 150,883,897 

U. 

Union Leagues, (see Leagues, Loyal.) 

V. 

Van Valkenberg, John, cause of dismissal from Army of 626,627,799-801 

VAN VALKENBERG, JOHN, testimony of 791-809 

came to Alabama in 1866 from Indiana ; was colonel of the Twentieth Indiana 

Volunteers 791 

was dismissed the service, charged with disloyalty to the (Government, and 

conduct unbecoming an officer and a gentleman " 799 

was raised a democrat, and expects to die one 801 

charges alleged against Mr. Lakiu 791,793,796,797,798 

his character aud actions 791-795,797-800 

circumstances -connected with witness's dismissal from the Army 799-801 

asks that testimonials from General Hooker and others be appended to his tes- 
timony 800 

Vaughan, Prof., fray with Mr. Randolph ...1978, 1979 

Vienna, disturbance at 1161,1190,1191 

Vincent, W^esley, whipping of G82 

Viuccnt, William, whipping of 928 

Vix, Daniel; raid on house of [... '. '.'.'/. '.. '.}'. '//. '/. llQ2f 1196 



INDEX. 



LXIX 



W. 

Page. 

Waddell, Nash, identified by Few 1083, 1084 

WAGER, JOHN H., testimony of 926-939 

lives in Hiintsville; agent and disbursing officer of the Freedmen's Bureau; 
came to Alabama in September, 1865; stationed at Montgomery, then at 

Athens 926 

his horse's ears slit, mane and tail cut off, and tliroat gashed, in 1808 926, 927 

threatened by the Ku-Klux ; numerous complaints of whippings made to him 
by negroes; women whipped in Lauderdale County; guns taken from Mar- 
shall Strong and Timone liell 927 

Caleb Beasley and wife whipped ; names given of thirteen persons com- 
pelled to give up their guns in 1868; William Ford, William Peyton, 
William Vincent, and Thomas Kegney whipped Madison County, 1868 ... 923 
names given of nine persons who, in 1869, and eleven in 1870, were com- 
pelled to give up their guns; killing of Dougherty; John Leslie (col- 
ored) shot at and driven from home ; Joe Locket and Anthony Bone 

whipped; Peter Acklyn, hung • 929 

Corey Luney (colored) and Joseph Manning shot at and driven away ; col- 
ored boy hung; democratic papers rarely refer to these outrages; Wiley 
Strong shot ; two women ravished ; Henry Clung killed ; John Clark 

whipped; William Steele hung by the neck but not killed 930 

names of parties compelled to give up their guns 930,931 

John Kemp, John Jones, Calvin Walker, Ruth Chapman, Simon Bush, {ind 
Keziah 15ush, whipped in 1870, and three colored men, in August, 1871 ; one 

shot ; Williams (colored) killed ^ 931 

George Washington llolliday (colored) driven off 931, 932 

Holliday's sister whipped; school-house burned; Samuel Lawler shot; hun- 
dreds driven from home in March, 1^70 ; Ned Larkin killed ; his son shot but 
not killed, Jackson County, December, lo70; Elliott Fearon killed, Marshall 

County, OctOljer, 1^69 932 

no one punished tor any of these outrages ; no earnest etl'ort on the part of the 

communit}'' to bring the oftenders to justice 934 

views as to the disbanding and operations of the Ku-Klux Klan 935 

intimidation of voters ; negroes generally republican ; but few vote the demo- 
cratic ticket willingly ; state of feeling toward northern settlers 936 

feeling toward native white republicans; the sentiment on universal suffrage 
and negro education ; tone of democratic newspapers relative to Ku-Klux 

outrages 937 

Walker, Calvin, whipping of 931 

Walker County, whipping in, Mr. Bryant 1754 

WALKER, RICHARD \V., testimony of 960-982 

lives in Huntsville; was solicitor ; twice a member of the legislature; speaker 
of the house one session ; judge of the supreme court ; member of the provis- 
ional congress, and of the contederate senate ; now practicing law 960 

in the fourth and fifth cn*cuit, comprising ten or twelve counties 961 

laws obeyed and peace and good order prevail in the counties named ; charac- 
ter of the disturbances in Limestone County, and how they originated 961 

purpose, objects, organization, cK:c., of the Ku-Klux order 961, 966,967, 968,976 

condition ot the country which seemed to give a pretext for such an organiza- 
tion 961,962 

organization, extent, &c., of the Union Leagues 962,975 

enumerates as causes of popular dissatisfaction the manner in which the 
present constitution was foisted upon the people, the manner in which the 
present officers were installed into office, the character of the constitution 

itself, and the character of the officials 962, 968 

character of the administration of justice 962, 963, 973, 974 

and of the finances of the State and counties under these officials 962, 963 

taxation of 1859 and J 860 compared with that of 1869 and 1870. ..963, 964, 969, 974, 

976, 977 

the burden of taxation has given rise to very great discontent 964, 965 

charges have been made that the officials have made away with the State rev- 
enues to their own benefit, and laws passed by corrupt appliances for indi- 
vidual gain ; cites the railroad legislation 965,931 

character and operation of the election laws 965,966,972,973 

a steady improvement in public order for the last three years 966 

IdDing of Thompson by disguised men ; nothing political in the affair; general 

behavior of the colored people since the war 967 

causes of the increased taxation in the State 969,970,974,975,977,978 

school system and school-tax before and since the war •. 970,971 



LXX 



INDEX. 



Page. 

WALKER, RICHARD W., testimony of— Continued. 

loan by the State of its bonds to the Alabama and Chattanooga Kailroad, to 

the amount of $16,000 a mile, the State retaining a lien on the road 971 

difficulty encountered by the State in obtaining undisputed control of the road. 971, 972 

specifies the objectionable features of the State constitution ; the voter's oath, 
the provision for an unnecessary multiplication of offices, the board of edu- 
cation, and the legislative powers conferred upon that board 972 

section of the election law which bears on challenging, and its interpretation 

and effect ; " 'r " V V V ' ^^'^ 

many violations of law by colored people immediately after the war, and the 

character of these violations 962, 967, 975 

in6ammatory appeals addressed to negroes 975,976 

the State debt prior to the war ; bonded debt of the county ; items of county 

expenditure ^^'^f 9^^> ^'^ 

provision is made for annual publication of the amount of State and county 

taxes and their disbursement 979 

number of men in Madison County disqualified under the fourteenth amend- 
ment ; 979,980 

cannot recall any convictions of disguised men fot outrages committed in Madi. 

son County 980 

knows of no effort upon the part of the press or of the leading citizens to hush up 

or conceal these offenses ; tone of the democratic press 981 

antagonism of races 976,981,982 

Ward, John, raid on house of 1045, 1046 

WARD, JOHN M., testimony of 1085-1091 

resident of West Point ; postmaster ; lived in Chambers County till Christmas, 

1870 1085 

was insulted on account of his politics 1085, 1086 

was visited by a democratic torch-light procession and insulted 1086 

means employed by the democrats to prevent colored men from»voting the 
republican ticket ; the democrats opposed to negro suffrage ; they were for- 
merly opposed to negro education, but have moderated very much in the last six 
months ; Mr, Hy man's house attacked ; America Tramblies killed ; outrage 

upon Mrs. Randall's daughter 1087 

Mrs. Randall's school .broken up 1087,1088 

the parties never arrested ; republicans not safe in advocating their principles 

with freedom 1088 

republican meeting at La Fayette broken up, and a negro shot by the marshal. 1088-1090 

Warner, Willard, character of. 627 

WARNER, Hon. WILLARD, testimony of 25-42 

resident of Montgomery 25. 

went to Alabama in 1865, from Ohio; State senator in Ohio ; elected in 1S68 

United States Senator from Alabama 33 

disguised men, operations of bands of 35, 39 

disguised men, confederate soldiers in bands of 35 

witnesses afraid to testify 32,38,40 

riot at Eutaw, Greene Count}'' 28,29,41' 

riot at Eutaw, trial of persons for 37* 

general amnesty 34t 

law of Congress concerning Ku.Klux 32 

freedom of political opinions 28, 29, 30, 31 , 42 

negro suffrage 31,34 

concerning Union Leagues 35 

negroes voting democratic ticket 35 

opposition to reconstruction 34- 

killing of Mr. Boyd, solicitor 3^ 

attack on Mr. Cockrell 40 

Washington, Bill, killing of 1854,1975 

WATLEY, SMITH, (colored,) testimony of 1004-1009 

staying in Montgomery ; lived formerly in Coosa County ; a farmer 1004 

a blacksmith 1005 

details of visit by Ku-Klux, and his whipping i004, 1005 

outrage upon Jesse Watson, (colored;) kind of disguises worn ; names of par- 
ties recognized ^ 1005 

reason of his whipping 1005,1006 

burning of a church ; witness and family sworn to secrecy ; was forced to leave 

his home 1006 

Dan Sushner, or Dan Hurgin, Zack Goldthwaite,"aud Dick Martin wliippe^^ ; 

no one punished for these whippings 1007 

had several parties arrested ; they are discharged on proving alibis 1008, 1009 



INDEX. 



LXXI 



Page. 

Watley, Smith, whipping of 537, 538, 1004, 1005, 1015, 1016 

Watson, Jesse, whipping of 1005 

Webb, Aleck, killing by John C. Orick, of 1479, 1492, 1521, 1522 

Webb, Jerry, whipping of 533, 1012 

WEBB, ROBERT D., testimony of 1728-1730 

resident of Livingston, Sumter County ; a physician 1728 

examined Robert FuUerlove, yesterday, at the request of Mr. Blair found no 
indication of any blow on the head or of bruises on his hands ; stripped him 
and examined him from his head to his heels, and found no indication of a 

bruise ; should say that he had not been whipped 1728 

WEIR, LEONARD L., testimony of 694-722 

lives in Limestone County ; is justice of the peace 694 

a native of Tennessee 695 

a carpenter 697 

a republican and Union man 699 

an old man and a cripple 715 

whipping of witness by Samuel Moore, Frank L. Gibson, William S. Blair, 
James Bradford, Pink Johnson, and Budd Harlan, (white,) and James Kel- 

ley and Lewis Bradford, (colored,) 695,696, 699 

manner of his whipping 695 

is threatened, and leaves homo / 696,700 

cause of his whipping 697-699,720 

his assailants democrats ; the negroes acted under compulsion 699 

social standing of Gibson, Blair, and Moore 700 

raid upon his house, and his wife and daughter threatened 701 

returns home after two months' absence, and lies out till September 701, 702 

attempts to hang and drown hiai ^ 702-707 

recognized George Peace and Samuel Boyce 705, 707 

chained, and compelled to write to his family to enforce their absence from 

court 707,708 

details of further outrage, and his return home 709-711 

recognized Iliram Iliggins 710,712 

aiTest of Moore ; recognition of Moore, Gibson, Johnson, Boyce, and Peace 

engaged in second raid 7y 

Moore acted as commander; was a candidate for the nomination of sheriff; 

United States mail tampered with 713,714 

organizatitm and disbanding of the Ku-Klux ; mutilation of Blair 715 

whipping of Barbee and another man 715,716 

two men named Wisdom driven away from home ; whipping of a boy 716,717 

whipping of Simmons, and his exile 717 

Gordon forced to leave home 717, 1 18 

whippuig of a colored woman 718 

killing of Scales, (colored,) 1870 ; all parties now endeavoring to restore quiet 

and put down disguised bands 719 

State law of December, 1868, bitterly assailed by the democratic press and 

party 720,721,722 

killing of son of Dr. Blair and of Barbee 721 

Weir, Leonard L., whipping of and outrage upon ; Minnis's account of 541-543 

Coleman's account 646, 647, 650-655 

his own account 695, 696, 699, 702-708 

WESTBROOK, BETSEY, (colored,) testimony of 124^-J247 

lived in Jefferson before coming to Demopolis ; widow of Robin Westbrook. 1243 

the house shot into ; killing of her husband Robin, July 18, 1H71 1243 

her son shot at, but escapes; recognized Wash Elkins, John Crudip, and Sid 
Lipscomb ; her husbaud a strong radical ; coroner's inquest held ; no arrests 

made ; witness had to leave 1244 

Lipscomb wounded by her husband 1243, 1247 

the three men recognized were democrats ; Reub Hildreth whipped : her hus- 
band's difficulty with Dr. Smith 1245 

outrage upon her husband by Wash Elkins 1244, 1245, 1246 

testifies before the coroner; was afraid to identify Elkins and Crudip 1246 

witness threatened 1244, 1246, 1247 

her husband killed because he was a radical 1244, 1247 

he was beaten, one Sunday, by Mr. Crudip 1247 

Westbrook, Robin, killing of 1243, 1389, 1391-1395, 1429, 1430, 1441-1443, 1511 

previous outrages upon 1244-1248 

Whipping, manner of 572, 574, 695, 858, 1964, 1997 



LXXII 



INDEX. 



Page. 

Whipping of— 

Austin, James, Blount County 722 

Baker, John, (colored,) Coosa County, June, 1871 1016 

Baker, Joseph, (colored,) Coosa County, June, 1871 1016 

Barbee, Mr., Limestone County, December, 1869 715,716 

Beasley, Caleb, and wife, Madison County, fall of 1868 928 

Blair, Auf^ustus, wife and daughter of, (colored,) Limestone County, Decem- 
ber, lb68 677 

Blair, William, Limestone County, December, 1868 131,148,674-676 

Blakely, Amos, (colored,) Greene County, August, 1871 1840,1841 

Bone, Anthony, (colored,) Madison County, 1869 929 

Brown, Charles, (colored,) Sumter County, 1871 1597 

Brown, Danger, (colored,) Sumter County, 1871 1595,1596 

Bryant, William, Walker County 610,931 

Bush, Hezekiah, (colored,) Morgan County, May, 1870 152,931 

Bush, Martin, (colored,) Madison County 862 

Bush, Simon, (colored,) Morgan County, May, 1870 133, 151, 152,862,931 

Campbell, Kebecca, Madison County, August, 1871 947,956 

Carter, Charles, Pickens County, 1870 2000 

Carter, Frank, Pickens County, 1870 2000 

Chapman, Kiith, Morgan County, spring of 1870 931 

Childers, Amanda, (colored,) Sumter County, July, 1871 1722-1724,1733,1734, 

1950,1960,1961 

Choctaw Joe, Greene County 1328 

Clark, George A., Sumter County, fall of 1871 417, 1614, 1845-1849 

Clark, John, Madison County, spring of 1870 930 

Cook, Sam. wife of, (colored) 1364 

Daniel, Sir, brother of, (colored,) Jackson County, 1870 994 

Darling, Alfred, (colored,) Perry County, February, 1871 416 

Dorman, James, (Isaac,) Coosa County, 1870 128, 155, 162-164, 181,211,230 

Evans, Prince, (colored.) Sumter County, July, 1870 1458 

Ford, William, (colored,) Madison County, fall of 1868 680,681,928 

Fowler, Mr., Fayette County, 1871 549 

FuUerlovft, Robert, (colored,) Choctaw County, October, 1871 1649-1651, 1658, 1659 

Gardner, Judge, Butler County, 1868 52/ 

Gardiner, Tom, (colored,) Pickens County, October, 1870 1998 

Gardiner, Amos, (colored,) Madison County, 1869 862 

Gardiner, Amos, brother of, (colored,) Madison County, 1869 864 

Gill, Joseph, (colored,) Madison County, 1868 812,814,918,922- 

Goldthwaite, Zack, (colored,) Coosa County, June, 1870 1007 

Griffin, Scott, Calhoun County, November, 1869 1194 ' 

Hall, Isaac, (colored,) Perry County, May, 1871 415,416 

Hamlin, Henry, (colored,) Madison County, 1868 857-859 

Hardiwick, Handy, (colored,) Hale or Tuscaloosa County 1984, 199i 

Hargrove, Wiley, and wife, (colored,) Pickens County, November, 1870 1993, 1994, 

1998,2001,2006- 

Harker, Mr., Jackson County 451 i 

Harper, William, Jackson County, April, 1871 140, 167v, 

Harrison, Mr., Limestone County 678 

Hays, Dick, (colored,) Calhoun County, November, 1869 1194 

Henry, Isham, (colored,) March, l869 1164,1199,1200 

Hildreth, Keuben, (colored,) Marengo County 1245,1458 

Hill, Rev. Mr., Greene County, 1868 126,274 

Hood, Littleton, (colored,) Greene County, fall of 1870 1789, 1790, 1796. 

Horton, Benjamin, Blount County, 1870 119, 740, 74 1,773, 986, 987^* 

Hortons James, Blount County, 1870 756,757,767,773 

Hurgin, (Sushner,) Dan, (colored,) Coosa County, June, 1870 1007 

Johnson, Henry, (colored,) Madison County, August, 1871 669,945,950,953,954 

Kemp, John, Madison County, fall of 1870 931 

Kennard, Adam, (colored,) Meridian 1589, 1606, 1624 

Ketchuni, Lewis, Blount County, December, 1870 742,775,791 

King, (McKinney ,) Lina, Blount County 733, 773 

La Grone, Katie, (colored,) Perry County, May, 1871 417,422 

Lassiter, Aaron, (colored,) Macon County, 1871 417,422 

Latham, Rev. William, Pickens County..., 104,2000 

Lawler, George, (colored,) Madison Countv, fall of 1808 681 

Leverett, Mr., Sumter County, 1871 1740 

Lewis, Richard, (colored,) Marengo County, September, 1871 i389-i391, 1457, 

1458,1517,1553-1556 



INDEX. 



LXXIII 



WhippiDg" of — 

Lipscomb, Peyton, (colored,) Madison County, August, 1871 669,945,950,952 

Locket, Joe, Madison County, March, 1869 929 

Lovet, Mr., Sumter County, February, 1871 1677 

Low, Henry, (colored,) Pickeus County, October, 1870 1995,1997,2001 

Low, Samuel, (colored,) Pickens County, October, 1870.... 1994, 1998,2001,2005-2007 

Martin, Dick, (colored,) Coosa County, June, 1871 1007,1016 

Maxwell, Big, (colored,) Coosa County, January, 1871 1011 

McDowell, John F., Blount County, 1871 749 

McKinney, (King,) Lina, Blount County 733,773 

Neibling, Mr., Marengo County, April, 1871 1338,1340-1342,1351,1352,1420, 

1459,1511,1512,1548 

Peyton or Patton, ^L'\dison County 928 

Powell, Charles, (colored,) Sumter County, August, 1871 1614, 1845-1849 

Eegney, Thomas, Madison County, fall of 1868 928 

Eiddle, Mrs., Blount County, fall of 1868 157, 158 

Sheely, Alexander, (colored,) Tallapoosa County, January, 1871 1011 

Simmons, Mr., Limestone County, 1870 717 

Stocksville, Bob, (colored,) Pickens County, October, 1870 1995,1993,2001,2006 

Strong, Washington, (colored.) Madison County, August, 1871 669,94(3,950,952, 

956, 957 

Sturdeway, Green, (colored,) Coosa County, January, 1871 1012 

Sullivan, Moses B., Marshall County, May, 1869 123, 127,146,1165 

Sushner, (Hurgin,) Dan, (colored,) Coosa County, June, 1870 1007 

Taylor, George, Colbert County, January, 1869 123,148 

Tidwell, Mr., Fiiyette County, 1871 549 

Vincent, Wesley, (colored,) Madison County, fall of 1868 682 

Vincent, William, (colored,) Madison County, fall of 1868 928 

Walker, Calvin, Madison County, spring of 1.^70 931 

Watley, Smith, (colored,) Coosa Couuty, June, 1871 537, 538, 1004, 1005, 1015, 1016 

Watson, Jesse, (colored,) Coosa County, June, 1871 1005 

Webb, Jerry, (colored,) Coosa County, January, 1871 .533, 1012 

Weir, Leonard L., Limestone County, March, 1871 541, 543, 609, 646, 647, 650-655, 

695,696,699,702-711 

White, Sam, (colored,) Marengo County, 1871 1389 

W^iites, (names not given) 550,551,715-717,756,771,772,927, 1143, 1614, 1754 

Williams, Diana, (colored,) Lauderdale County, June, lb69 1162, 1194, 1195 

Williams, Wiley, (colored,) Coosa, January, 1871 , 533, 1011 

Wooley, Mr., Fayette County, 1871 549 

Wright, Jordan, (colored,) Cherokee County, 1870 638,639 

Yarborough, Joe, (colored,) Limestone County, December, 1868 677 

White, Jack, raid on house of 1166, 1167, 1202 

White, Mr., killing of negro by 1949 

White, Sam, whipping of 1389 

Whites, (names not given,) killing of 1409, 1419, 1643, 1749, 1750, 1753, 1986 

Whites, whipping ot 550, 551, 715-717, 756, 771 , 772, 927, 1 143, 1614, 1754 

WHITFIELD, NEWTON L., testimony of 1909-1993 

resident of Tuscaloosa County ; a farmer ; has practiced law 1969 

native of Georgia ; opposed secession ; was in the legislature ; identified with 

the conservative party since the war 1980 

killing of Mr. Crossland and wounding of his companion.. 1969, 1970, 1971, 1980, 1981, 

1982,1991 

number of killed in Tuscaloosa County overestimated 1970, 1971 

killing of Wilson, five men, Frankenham, and Christian 1971 

killing of Simpson 1971, 1972, 1984, 1985, 1991 

raid in Tuscaloosa and tho killing of Finley and two negroes 1971, 1972 

killing of John Joy 1971, 1975 

killing of Miller 1971, 1973, 1984, 1991, 1992 

negroes killed in Plale County 1972, 1985 

raid on Sam Davies 1973 

colored man whipped and afterward shot , 1973, 1974 

killing of Bill Washington and of Mr. Samuel, one of his assailants 1975 

riot at Patona, (Cross Plains) 1975, 1976 

names of persons whose standing is not affected by their radical politics 1976, 1977 

no attempt to influence the vote of negroes by violence 1977, 1978 

character, standing, &,c., of Judge Peck 1977, 1978, 1980, 1982, 1933 

Ku-Klux Klan, its extent, &c 1978, 1984, 1985, 1986, 1988, 1939, 1990, 1991, 1992 

shooting of Mr. Randolph in a fray with Mr. Smith and Mr. Vaughan 1978, 1979 

general standing and treatment of northern men 1979, 1930, 1992, 1993 

VI— A 



LXXIV 



INDEX. 



Pase. 

WHITFIELD, NEWTON L., testimony of— Continued. 

denunciation of carpet-baggers and scalawags - Ic^'^x 

killing of a number of negroes - ,"ocD'o"moj }no- 

a number of negro cabins burned and tbeir occupants driven away l\)63y iyS4, iy»o 

whipping of Handy Hardwick, Hale County 1984, J991 

outrages upon Blackford l98o 

man wounded in Bibb County ; shooting of Trawick ; man killed in Fayette 

County; one in Walker County l^^BG 

negroes are generally republican; some are democrats 1987 

election statistics of Tuscaloosa County 19ST, 1988 

no intimidation of colored voters 19S8 

the parties outraged presumed to be republicans : - 1991 

Williams, , killing of 134,931, 1138, 11 42, 1143 

Williams, Diana, whipping of 1162,1194,1195 

Williams, (Hiffh,) EzeUiel, taken from jail and shot 1356, 1358, 1604, 1605, 1622, 1631, 

^ 1701,1717,1718,1945,1946,1964 

Moore's account of 1565-1568, 1571-1573 

body searched for by sheriffs posse 1 594 

WILLIAMS, MARY ELIZA, testimony of , 1356-1360 

wife of Ezekiel Williams ; he lived at Mrs. Seibels, Sumter County 1356 

her husband killed nearly two weeks now, (October, 1871 :) he was in jail when 
killed, charged with killing Mr. Collins ; he had been there over a year ; had 
had no trial; was taken from jail and carried to Sucarnochee, and shot; 

names of parties concerned in the killing * 1356 

Collins killed at her house a year ago, while Ku-Kluxing ; they shot into the 
house and she ran out with her children ; it was supposed some of their own 

number killed him ; her husband suspected 1357 

colored man killed ; some whipped at Livingston and Belmont ; details of the 

taking of her husband from the jail 1358 

Williams, Wiley, whipping of 533,1011 

WILLIAMS, WILSON, testimony of 1099-1103 

resident of Opelika, Lee County ; a lawyer 1099 

county free from disturbance ; no violence by bands of disguised men 1100 

outrage upon Mr. Few; character of Mr. Few 1100, 1101, 1102 

teaching of colored schools not odious to the citizens 1103 

Wilson, Mr., killing of..... 1971 

Wilson, Hon. H., letter of Samuel A. Hale to 1830-1834 

reply of 1834, 1835 

Witnesses, list of, (see Testimony.) 

Wooden, James, raid on house of 771 

Woodward, Dud, killing of 1904. 1905, 1918 

Wooley, Mr., whipping of 549 

Wooley, Mr., rape of wife of 549 

WOOLF, HENRY ASHBY, testimony of 1447-1430 

resident of Linden, Marengo. County ; a lawyer 1447 

details of disturbance at Linden, while W. B. Jones was speaking, and where 

he agrees to retire from the canvass for the office of sheritf 1447-1450 

character of Jones's speeches 1449, 1450 

Wright, Felix, shooting of 1092-1096 

Wright, James K. P., killing of 433,451 

Wright, John T., leader of the Black Cavalry 1126 

Wright, Jordan, whipping of 63d, 639 

Y. 

Yarborougb, Joe, whipping of 677 

Yankee Ben, killing of 1670, 1671, 1733. 1949 

Young, Anderson, (Henderson,) killing of son of J735, 1743, 1749 

YOUNG, JAMES A., testimony of .• 1303-1324 

resident of Linden, Marengo County ; a lawyer 1303 

was appointed special commissioner to investigate the condition of the county 
treasury from im^ to May, 1871 ; amount of taxes assessed for 1868, 1869, 
and 1870; real estate since the war has depreciated at least 60 per cent. ; 
live stock is more valuable, but very much less in number; reduced at least 
half or two thirds, owing to the depredations of the colored population.... 1303 
taxation is about three times what it was for county purposes prior to the war, 

and the subjects of taxation have diminished 1304 

details of disturbance at a political meeting in Linden, where Mr. Jones, a 
candidate fur the office of sheriff, through fear signed an instrument in writ- 
ing withdrawing from the canvass 1304, 1305, 1306, 1313, 1314, 1315, 1317 



INDEX. LXXV 

Page, 

YOUNG, JAMES A., testimony of— Continued. 

valuation of real estate in 1861, and of slave property; relative rate of taxa- 
tion before and since the war 1307 

items of expenditures for which county taxes are levied 1307, 1308, 1309 

reasons for the increased taxation 1310, 1311 

amount of county debt 13J] 

thinks there is a well-founded complaint in one respect of the manner in which 
the county taxes have been expended; cause of the great depreciation in 

real estate, the difficulty in procuring labor and its inferior quality 131'i 

stealing of live stock; destitution of the negroes 1313 

election and census statistics of the county 1314, 1315, 1317 

character, speeches, standing, &c., of Mr. Jones 1315,1316,1318, 3319 

rate of assessment on real estate 1316 

the young men generally go armed, and many of the older ones, from a gen- 
eral feeling that there is a disposition to hostility on the part of the colored 
population toward the whites ; the colored people generally peaceable, quiet, 

and orderly ; colored labor generally preferred 1318 

the counsels given to the negroes by their white leaders 1318, 1319, 1320 

gathering of armed negroes in McKiuley ; general sentiment of the people that 

they would be better off without the negroes 1320 

petition of citizens to Judges Smith and Maupin asking that they take steps 

to prevent a riot at McKinley, next Saturday 1320, 1321 , 1323 

character and standing of the signers 1321, 1323 

no intimidation of voters ; colored men threatened with death if they voted the 

democratic ticket • 1321 

political views of the colored people, and how they are influenced 1322 



Ziou church fired into 



1024, 1025. 1034, 1035, 1063. 1065, 1066. 1071 



TESTIMOIY. 

CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



ALABAMA. 

Washington, D. C, June 2, 1^71. 

WILLIAM ]MILLER sworn and exaniiued. 

By the Chairman : 
Question. In whnt part of the State of Ahihama do you reside ? 

Ansiver. At x)rcsent 1 live in ^Mobile; hat for many ye;irv>^ I lived in Greene Connty. 

I Avent to ^loliile about the Ist of May, ;is collector of the port. 1 lived in (irei ite 
Connty Irom IHUG np to that time, with th(; exeeptitm of a few months in winter in 
Mobile at my offiee there. 

Qncsiion. (rive ns, from your own ]ier.sonal knowledge and observation, a statenient 
of the condition of alfairs in tlnU part of the State with wliieh ycm are acipniiiited, so 
far as relat{\s to the security of life, person, and i)ropei-ty, up to iiml since the }):issage 
of the law for the enrorcement of the fourteenth amendment, sometim<^s de8i^i;nate(I as 
the Kn-Klux bill. 

Ahswer. I presume I lui^ht begin back immediately after the war, or perhaps from 
th(^ passa,!;-e of the reconstruction laws. 

Quesiioti. It is not tln^ dcNire of the committee to go very far bnck. You can give us 
a statement of the condition of things (,'xisting now and for a year preceding the })as- 
sage of that l)ill. 

Anmrr. There was a great deal of excitement at the time of the election in iM-brunry, 
1868, and the republicans were geucnilly deterred from voting at all at that election. 
It was the lirst election after the constitution of Ahibama was frauH'd,»th(^ electio?i for 
^ the ratihcation or rejection of that constitution. I was at Eutaw then, and actively 
engaged in distributing tickets. The tickets were several tiuu's jerked out of my liauds, 
and at one time my hat Wiis jerk(^d olf my head and dashed on the ground by a rowdy. 
One man shook his tist in my face and cursed ni(\ and he was told ])y several jx-rsons 
to ''shoot the damned rascal." I obtained my comnussiou as judge of probate and 
entered upon the ofLice in 18o8. Wh(Mi I ])rescuted myself in Eutaw to enter on the 
duties of my office, the old occupant of tlie oflice, who had obtain(;d the advice of 
counsel, informed me that I could not get in without military aid. I telegraphed to 
Goveriu»r Smith, and on Thursday evening s(mie soldiers came over there. Tli(\v sent for 
me to the ])lace where I lived, souu^ distance from Eutaw, and I went down. The 
court-house was near about shut u}) ; there was one piece of a wiiulow open. 

Question. Do yon refer now to the time when you went to take your seat as judge of 
probate ? 

Answer, Yes, sir. 

Question. Was this i-esistauce made to your taking your scat ? 
Answer. As a matter of cour.-se it was. 
Question. On what ground f 

Answer. That no radical should take it; that the reconstruction laws were uncon- 
stitutional, null and void, and that the people were not going to submit to them. 
Question. Who made that statement ? 

Answer. The attorneys, Mr. ^Morgan and Mr. Jolly, told me I could not get it; and 
they sent tip a long protest to Governor Smith in which they stated that I was illegally 
elected. 

Question. Was there a contest about your election ? 

Answer. There was no contest further than I beat the man who ran against me, the 
man then in yjossession of the office, Judge Oliver. * 
Question. Was there any proceeding to test the volidity of your election '? 
Answer. None whatever ; none at all. 
Question. You did take your seat ? 

A}iswer. Yes. sir; with tlie military there putting me into it. The military authori- 
ties put me in it, and I held it seemingly with some quiet after a few d.ays. About the 
1st of September, 18G8, or near that time, 1 went down to Eutaw, on a Monday, about 

II o'clock. When I got there I found a large dag swung from a tree op])osito the pro- 
bate office to the tavern, with a picture on it some/thing like the caricatures in Harpers', 
and the words *' Miller, Yordey A: Company." Mr. Yordey was there as the agent of the 



2 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Froeaineii's Bureau. It so happened that no tavern would board Yordey, and lie and I 
and a man named Bovd (who was acting as solictor of the county, and who was killed 
after a while) rented a house and kept bachelors^ hall. Yordey could not get board at 
any tavern there, but I could. On this particular [Monday, about 3 o'clock, there was 
!i great deal of noise, of cursing and swearing, about there among the drinking class. 
1 could hear them cursing Judge Miller, and swearing that " Judge Miller should go 
back." I proposed that we should shut up the oflice and go home. Mr. Boyd and 
myself went out of difi'erent doors, each locking the door he went out of. We walked 
about one hundred and fifty yards from the house, Avhen Ji man by the name of 
Haniblett came up on a horse\ 'lie had a stick and made a great deal of threatening 
about killing Boyd, but none about killing me. He threw his stick ahead of us, but 
some one came upland took him back. Atthe same time Boyd said I think I had better 
take out my pistol and l^ill that fellow." I said "No ; we will not do any such thing." 
I had no pistol, but I had a double-barreled gun at the house. 

Question, For what reason was this assault made on you and ^It. Boyd ? 

Jtismr, No reason that could be imagined, excei)t that we were willing to take the 
offices to which we had been elected. 

Question. Did you institute proceedings against these men ? 

Ausucr, I went before the grand jury, when the court met, and made the statement 
there that I make here. If anything was ever done I do not know of it. 

Question. Did you go to any committing magistrate and ask for a warrant ? 

Jrmrcr. There was no magistrate, or sheriff, or coroner, or any other civil officer 
there at that time, except myself. When they found I was not to be driven off in any 
way without killing me, they let things quiet a little, until about the middle of Octo- 
ber, perhaps, when Senator Warner and Mrijor Hays came to make speeches there, and 
they assaulted them and would not let them speak. They did not strike them, but 
went up to them and shouted and made noises and would not let them speak. Some 
of the conservative democrats and myself conferred with them, and the result of the 
conference Avas that we concluded soniebody would be|killed if the speaking went on ; 
and the Senator did not go back and speak at all. I took him down to my house to 
dinner, and he left. 

Question. Was that because of any objection to the persons who were to speak, or 
was the determination expressed that no one should speak ? 

JusH'cr. I was really not much in the crowd ; I conversed mostly with those who 
were sent to confer with me. So far as I could make out, the expression was that no 
damned carpet-bagger should be allowed to speak there ; that was about the sub- 
stance of it. Mr. Cockrell, who has been beaten since, made a kind of conciliatory* 
speech to them, trying to reconcile them, but they would not hear of it. In 1869 no 
violence was offered to me, so far as I know. But I heard a ruujor, I could not say 
how true it Avas, that a negro was killed, perhaps in February. No one was arrested 
for it. On the night of the last of February, perhaps, a negVo man of the name o-f 
Nelson Harris was ordered to jail, under a bond of a thousand dollars. I was asked to 
go his vsecurity, and would have done so, but for the fact that I thought I would not 
be safe if I did so. The deputy sheriff left him in charge of a constable. My house 
was about two hundred or three hundred yards from where he Avas. About 9 o'clock 
that night sonie man came to my house and told me that Nelson Harris was taken ofi\ 
I went down to ascertain the particulars about it, but no one could tell me anything. 
That same night a man by the name of Palmer was killed in Futaw. On the Mondaj' 
following they had an investigation of the killing of Nelson Harris. He was carried 
about three miles from Union and castrated, as was shown by the parts found, and he 
was then shot aiid thrown into the creek. Palmer was a democrat, and was killed 
there by some of them in a kind of lawless mel6e. The morning after Harris was 
killed Sam. Colvin, a negro mau, informed me that he saw a man put Nelson Harris 
on a horse; but when he went before the grand jury he did not know- anything 
about it. ^ 

Questiou. What was the reason assigned for killing Harris f 

Answer. They said ho had been too intimate with wsome white woman. 

Question. Were there any legal proceedings consequent upon it ? 

Answer. Yes, sir. 

Question. Was any person brought to justice for the offense ? 
Answer. For killing Harris ? 
Quejition. Yes, sir. 

Answer. No, sir; no one was arrested. 
QneMiou. What were the legal proceedings ? 

Answer. A coroner's jury sat, under the immediate supervision of the sheriff himself. 
A day or two after that, perhaps on the same day, I issued a warrant for the arrest of 
the party who it was supposecl killed Palmer. I think they knew who that was. He 
was a democrat, by the by; I suppose that had something to do with the affidavit. 
On the 19th of December, a year ago, a man by the name of Sam. Snoddy was at 
Union. He left there, between 8 and 9 o'clock, to go home on foot. The next morn- 
ing he was found, about a mile and a half from there, with his throat cut and his head 



ALABAMA. 



3 



cut nearly ofif. That is one of the occnrreTJces I know of myself. On that day and the 
next (lay a great deal of iuvestif^ation was made, in a private way. I started for Mo- 
bile on Tuesday ; the investigations were being made on Sunday and ^Monday. I do 
not know that any result had been arrived at when I went away. A man by the nam|> 
of Caldwell, a black man, with whom Snoddy had taken a cup of coffee after he left 
the village of I'nion, was suspected of killing him. What led to the snspieion was, 
that a boy named Henry 3Iiller, who once had been my property, had reported to some 
one that he saw him on Sunday washing some bloody clothes. They were both ar- 
rested and l)Ound over. They got out of jail somehow. Sam. Colvin. a black man, 
was the reputed father of Sam. Caldwell. Sam. Colvin was also arrested on suspicion 
of being accessory to the murder of Saiu. Snoddy. It is said (I do not know this of 
my own knowledg(^) that he had said to some one— 

Qnef<tion. Please eonfme your testimony, as much as possible, to your own personal 
knowledge. 

Answer. Very well. At any rate, after these men got out of jail — that is, Henry 
Miller and Sam. Caldwell — Henry was found dead a few days after that; Sam. Cald- 
well was never fonnd, that I know of Sam. Colvin, who was living on niy place, Avas 
arrested, and a young man who was in my employ went with tlu^ man who arrest(Hl 
him. The yonng man who was clerking with me left about 9 o'clock. The n(^xt 
morning Sam. Colvin was found hnng to a tree, abont three or four miles from there, 
with sixteen biillet-holes in him. No one was arrested for that. This luings me to 
March, 1^70. ]Mr. Boyd, my nephew, was prosecuting attorney in Eutaw. On the 
night of the last of March his room there was entered, and he was killed. It was said 
he was killed because^ he said he had found out who killed Sam. Colvin. In iact, in a 
comnnniication to nu^ he inforitied me so. James Martin was also killed the same night, 
abont fourteen or lifteen miles above Kutaw, and in the innnediate iUMglil)orhoo([ of 
Union ; he \vas a colored man. James Car[)enter was killed in October, Ib^dU, i)erhaps : 
nobody was proseented for killing him ; he was a democrat, liowever, and was sup- 
])Osed to have a great deal of money ; I i)resnme hi? did have. Another Carpenter was 
killed in 18()9. in a fracas iu Clinton, and there was a man prosecuted for that. 

QucHi'ioYi. Was he convicted f 

Answer, I do not think he is tried yet. 

Ry ]Mr. Vax Trump : 
Qnestion. The trial is still ]iending? 

Ani^7{Tr. Yes, sir ; those art^ all the murders I recollect and have a personal knowledge 
of; I have heard rumors of others. 

By the Ciiaikmax: 

Question. You have mentioned the names of several persons who were killed : v, as 
the killing of those men the mere acts of the individuals committing the crimes, or 
V\^ere they traceable to any organization for the purpose of overthrowing or defying 
the laws f 

Answer. So far as the murder of Harris was concerned, I am inclined to think that 
about live or six persons were there to take him off. The parties who had him in 
charge said those jiersons came in with their faces blacked, or wen* black men. As to 
the murder of Boyd, I was iu)t there, and, of course, I cannot say of my own knowledge. 
Bnt I was told that there were about twenty-seven disgnised men in Kutaw. As to the 
murder of Jim. Martin, which was on the same night with that of Boyd, the man at 
whos(^ house Martin lived, and who run off" to save his own life, said there were four or 
five men, and that they shot at him several times as he run out of his house when they 
came up, bnt he Avas not struck. He had on his shirt and drawers, I suppose. Xjo))ody 
was prosecuted for any of these nnirders, except for the murder of Snoddy, and of one 
of the Carpenters, I think. 

QiieKtion. What was the reason there was no prosecution against any of the others ? 

Answer. I am not able to tell you, except one thing, and that I do not know to be 
true ; the want of disposition on the part of the officials there to discharge their duties. 
I know if I had been probate judge there at that time, there would have been prose- 
cutions against them of some kind. 

Question. Was there any lack of disposition in the courts to proceed, where the cases 
were brought before them ? 

Answer. There is one circumstance I have not told you : in October or November, 
1861), I was up there attending court, and one of these men, who had been suspected of 
this kind of thing, came to my store and eonimenced denouncing me; I told him he 
was as guilty as I was. He was a much larger man than I am, and came up to me 
and struck me two or three times, and knocked me on the counter. I made a report ot 
it to the grand jury myself; and I know of two other witnesses who went in and said 
they 8wor(; to it. 

Question. What is the general state of security for person and property in the county 
of which you have been speaking ? We desire to ascertain more particularly the state 
of things existing at this time. 



4 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Atmrcr. Of course, I am not much tliore now, ami I do not know wliotlier I ought to 
toll you what I do not know i)erf>oually. 

liy Mr. Pool: 

QuesUo7i. Did all tliOHO murders of which you have spoken occur iif the sameecmnty ? 
AnsHcr, Y<'.s, sir, 

By Mr. VAX Thi mp: 
Qiuiition. What is the distance from Mobile to Greene County ? 

Aumrcr. About one hundred and ninety miles ; perhaps one hundred and eighty miles 
10 Eutaw. I call it ahout one hundred and ninety miles to my place, which is ten or 
twelve miles above Eutaw. 

By the Ciiaiuman : 

Question, Ilavo yon a sufficient knowledge of the state of things in that county now, 
to he able to speak of the degree of security for penson and property at this time ? 

Auf^u'€i\ I do not know that 1 have, only from information and a little occurrence ^ 
that hai)pened in my presence and to myself. I will go back again until August or 
September, l^GD. My family had not moved down to Mobile at that time ; I went up 
to make some settleiiients in the probate court that I had to make as administrator, 
uiid to take my family down. On the Tuesday night that I was up there, there was a 
crowd of men'about my place ; I heard them cursing and threatening to shoot ; I did 
net get up at all, but l' heard my name mentioned ; and some black men afterward 
told mo tluit they were disguised. 

Question. That was in 18(31)? » 

Auswcr. Yes, sir; but I am coming now to 1870. I happened to be at Eutaw at a 
meeting that was advertised by the republicans to discuss politics; Senator Warner, 
ex-Governor Parsons, Governor Smith, and, if there was room, jierhaps Major Hays 
was to have addressed the meeting; the first three? I am certain about, thcf^other I am 
not so sure about. 1 went there about 10 o'clock in the day ; soon after I got there, it 
wals suggeste«l, either by myself, .Tiulge Davis, Sam Brown, Sam Cockerill, or Major 
Hays, for we were all together, and I cannot say i)ositively which one the suggestion 
came from, that some one should go and sec one of the leading conservative men there, 
and arrange some nianner of holding a discussion. The democrats had advertised a 

meeting at the vsame time and place. I went with !Mr. Brown to see Dr. , and he 

said he had no control over the matter, but would mention it to the democratic club 
there. After some time he said the democratic club would receive a comuninieationin 
writing from us ; I wrote the connnunication myself, and it was substantially this : 
J 

"To the President of the Democratic Chih : 

We propose toapi)oint a conmiittee of two to confer with a committee on your part 
of two, to arrange terms of discussion to-day." 

That was signed by William Miller, Charles Hays, and Sam Cockerill. That wiiH 
handed at once to Mr. Morgan, who, I fo^ind out afterward, was the president of t}>e 
democratic club. Mr. J. J. Jolly and ^Mr. J. G. Pi<«ree were appoint'Cd a committee to 
meet us in the office of the circuit e'lerk of the county. Their reply was substantially 
that the connnittee appoint^ by the democnitic party of Greene County declined to 
make any arrangement for a discussion, beli(?ving that the issues as to men or meas- 
ures in that canvass were not debatable. About that time the denjocrats commenced 
their discussion on the north side of the court-house, on the fence of the public square, 
v/hich is, jierhaps, twenty yards from the court-house, on some steps to pass over tte 
feuee. I remark(;d then that if thert^ was to be any discnssi(ui it would be as well'^o 
commence and determine where they would begin, and a box was put out on the south 
side of the court-house. 

Question, While you were conferring about holding a. joint discussion, the democrats 
njet and organized their meeting sei)arately lor spc^aking, but not for a joiut discus- 
sion. 

Answer. Yes, sir ; a separate meeting, but not for a joint discnssi(m. In perhws 
twenty minutes after that, perhaps a litthj longer, Senator Warner commenced his 
speech. I had been called over to the tavern on some business, in the internal revenue 
collectors office, perhaps. I came back through the jusle of the court-house, which 
was full of young men whom I did not know. My hat was tipped up and knocked 
about as I passed along through the aisle. I got to the circuit clerk's office and sat 
down where I could see and hear Senator Warner through the window. 

Quvition, How near was the meeting ho was addnvssing to the other meetin"-f 

An&v.fr. Th(« court-house was sixty or eighty feet wide, 1 should think ;''the two 
meetings were, perhaps, one hundred and fifty feet fnmi each other. 

Questwn. One meeting was on one side of the court-house, and the other was on tin; 
other side. 

Avswer. Yes, sir. There was a considerably noisy and turbulent spirit mauife^ted^ 



ALABAMA. 



5 



diirii\2j Senator "Warner's sx^eccli, and lie was very often interrupted and ordered to go 
l)aek where he eame from. Some said they did not want any damned earpet-haf^pfer 
thci e, Jind ealledhim a damned liar a great many times. I eonid not say how many. 
He finished his si)eeeli, howe^'er, and then Governor Parsons conimeneed to speak. 
remain<Ml there abont an hour, when I eanght sight (if iMajor Clark, whom I had gone 
down there to see mainly <m that partienlar day. He told me that we eould not fix 
our business, and I then remarked tliat I would go home. I really tliought the discus- 
sion was about over. Immediately (Governor l*arsous eommenced speaking the demo- 
erats adjourned their meeting altogether, and the bulk of them went around on the 
other sicie of the eourt-house. 

Question. Were you there wh<Mi the disturhanees eomnn'uecd? 

Anm'CT. I was not. I was going on to tell you that 1 left there about half ]iast 2 
o'eloek, I guess ; went to the tavern and ])aid my bill, and went down to the stable 
and ordered my horse put in my buggy. I had just got in my buggy when 1 heard the 
hring eonmienee, and my horse t()()k a notion that he wouhl go ii little faster than I 
was used to, and it took mr some little time to sto]» 1dm. 

Qnestion. Did you see the tiring? 

Ausmr. No, sir; I did not. I was tlu've again in a few days, but no attaek was nuide 
against un* then. I ^teut ther(^ again about the last of November, or Uw tirst of De- 
eember. 1 got down to Eutaw (ui Sun<lay night and staid all night, and then went 
down to Finch's Ferry to my i)laee. I was told on the way, by a fri<^nd of mine, that 
I ]iad better look out. I said, 1 api)rehend tlx're is no danger here n(iw." About 12 
o'eloek ]Mr. Smitli and myself, ]Mr. Smith was tlicn su[)erinteud<'nt of schools in (i!r<v.ne 
County, and had an ordc^r from (he State auditor ni)ou th<' tax collector of Greene 
County for about .s;),700. That was ])ut in my hands. It was about this time that tijc 
assault was made ui)on Mr. Ihirton, 1 ]»resume^ I luid seen my wagon ])ass with some 
baggage toward the de])Ot : when it hadgt>t abont tln-ee Innnlred yards Irom the court- 
hous(% I started with a heaAy valise, an overcoat, a shawl, a walking-stick, an um- 
brella, and a large bundle of llow(^i-s; I know I thought I had all the bundles 1 could poswi- 
bly manage to carry. I thought I heard souie man coming, and 1 cast my eyes 
around and saw a, man by the name of Keyncdds. He was up very Ao^r (o 
me, and as he came on he said, ''You (Joddannied old rascal." Just about that time 
his stick, a hickory stick, al)out as thick as my thumb, cann* down upon my shoul<ler 
with such force that, with the l(>ad 1 was carrying. 1 was nearly thrown oif the side- 
walk. He followed up that blow with otliers. I thought there were tour altogether, 
but afterward I fomnl live marks. He said, "(io*! danni you, if you ever tell of tliis I 
will kill you." There were several there who saw it all. I went down to the depot 
and got on the cars and went away, and did not know that ^Ii'. Hnrton was hurt till 
sometime after I got down to ^lobile. 

QuvslioiL Was this assault uj^on you because of your i)olitical opinions, or was it 
merely the act of a violent and lawless man ? 

Ju!^w(T. Keynolds, while he was striking nie said, " You told Keubcn Weav(T 
that I tijyjx'd your hat.'' 1 did tell Keuben Weaver so. and I tell you now, to the he«t 
of my knowledge and belief he did do it. " • 

Quisfioit. And this assault upon you was on the ground that y<»u had made that 
statement ahout tipi)ing your hat ? 

AuHwcr, Yes, sir ; but the tipping tln^ liat was before that. 

QiitHlion. Was it from the surging of the crowd 

Anf<ir(}'. There Avas no surging at all. There was plenty of room, but considerable 
disposition not to let a republican pass. 

QiksCkul Did you institute any legal lu-ocetulings against him ? 
Answer. I did not. 
QnesCioK. Why not » 

Ansirer. I did not think I would be all(»wedtogo t() Eutaw. where I had considerable 
business, if I did so. I still have some busuiess there to attend to. I did not go there 
two or three weeks ago, when 1 had a little case in court, but let it go by default, be- 
lieving that it would not l>e sate for uu' tf) go th<'re. 

(Jucfiliou. What was there to justify such a belief ? 

Answer, The fact that such a man as Mr. Cockrell can be Ijeaten on a st(^imboat, 
without any ])rotection ; the fact that ^Ir. Ihii^on was knocked down and left for dead, 
as they thought ; the fact of this unprovoked assault upon mys(df; the fact of tlie 
assault on me the year before, and that I w^nt before the grand jury and could get no 
redress. 

QiifsftotL You give those facts as justifying the apprehension that you could not. 
with safety, go to Eutaw and institute a prosecution '/ 

Answer, I dan* say I could go there and institute proceedings, but attending to it 
would be another thing. 

(JucsiloiK Have you attem])ted in any instance to institute a prosecution for offenses 
of the character yon have nuMitioned? 

Answer, Only in the Kichardson matter. 



6 



CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Question. Your account has now come down to October or November, 1870. 
Jnsirer, Till December, 1870. 

Question, Have you since then beeu lu Greene County? 
Answer. I have. 

Question. What is the condition of things there now ? 

Answer. I was there in December last, I was there in January last, and I was there 
ou the Gth day of March last. I was not assaulted either of those times. 

Question. Is there now any disturbance of the public peace iu Greene County by law- 
less men, or has there been since January, 1871? 

Answer. None to my knowledge. I have here a letter from Mr. Cockrell, which I 
received last night. 

Question, lie gives you au account of fiicts vrithin his kuo vvledge f 

Answer. Yes, sir. 

Question. You need not read the Icitter. Have you sufficient knowledge of the state 
of affairs now in that community to enable you to state whether life, libertj^, and i)ro- 
perty are secure with the i)reseut administration of the laws ? 

Answer. Only from hearsay. I am satislied that I can go there, if I would not say a 
word to any one, and should' not meet one of two, or three, or four rowdies, and I might 
))a«s along safely. But I am satisfied if I was to meet any one of them I would not be 
safe. 

Question. When you speak of "rowdies" do you refer merely to persons of a lawless 
disposition, who would assail au3^body where there was sufficient motive for it? 

A?iswer. I do not think they would assail anybody but a republican. 

Question. Are we to imderstand you as wishing to convey the idea that these assaults 
and nnirders of which you have spoken have arisen out of political causes ? 

Answer. I think the bulk of them have ; some of them I dare say have not. 

Question. Has the passage of the bill for the xiunishment of these unlawful assem- 
blages had any etiect yet, to your knowledge? 

Answer. I have no knowledge of what the eifect has been there j none at all. 

By Mr. Bl.vir: 
Question. For what offense was Snoddy killed ? 

Ansieer. He was not a republican ; he was one man killed not for political effect. 
Question. It was supposed that he was killed by Caldwell? 
Answer. Yes, sir; he was supposed to have been killed for some money he had. 
Question. Miller and CaldAvell, who killed him, were negroes ? 

Answer. They were negroes. The idea seemed to come out in the testimony that 
Caldwell was alone in the killing, but that Miller knew of it, and tried to get him'away. 
Question. He was killed, it was supposed, for his money? 
Answer. That is what the idea was at that time. 

Question. Those men wiio killed him were afterward killed themselves ? 
Answer. They were got out of jail somehow, after they were bound over and put iij. 
jail. 

Qwcs/jo??. Did they escape? 

J wsjrer. Henry Miller did not escape. 

Question. How did they get out? 

Answer. That is a question I am not able to answer. 

Question. They got out somehow ? 

Answer. Yes, sir. 

Question, And were afterward killed ? 

Answer. Miller was killed; Caldwell has not been heard of since. * 
Question. Was it supposed that they were killed because of their murder of Snoddy^ 
Answer. Yes, sir. 

Question. Snoddy was a democrat ? 
Ansicer. Yes, sir. 

(Question. These others were negroes ? 
Answer. Yes, sir. 

Question. By whom were they killed? Was there any suspicion upon any person ? - 
ylw8!fer. Ics, sir, a great deal of suspicion. , ^ 

Question. Who were suspected. ^ 

Answer. There AViis a young man who was at my store, who said ho left Sam Colviu 
and Henry Miller at two different tipies, wVJiin two or three davs of each other, though, 
m the hands ot a man of the name of McGraw, who was a constable, and a min of the 
nanit' at Kyle. ' 

Question.^ Yon say Caldwell was never heard of? 

^l7/.vHvr. No sir; there was a skeleton found iu the neighborhood supposed to be his. 

Question. ^^ hen last seen he was in the hands of an officer of the law ? 

Answer. No, sir. 

Question. Well, Miller was. 

Anstcer. Not in the hands of an officer of the law. 



ALABAMA. 



7 



Question. In the hands of a constable ? 

Answer. Ho was a constable, bnt did not pretend to be after them as a la^y officer 
at all. 

Question. What did he pretend to be f 

Answer. Just as the others were. One man of the name of John Brown presented a 
pistol to the negro man, Henry Miller, and said, ^'I would like to kill y<ni — just shoot 
you off that block." Miller was then under bond, but was out of jail somehow. 

Question. You do not know how he got out of jail? 

Answer, No, sir; not to my knowledge. 

Question. How do you 8upx)ose he got out? 

The Witness. Would that be testimony f 

Mr. Blair. As much as the balance of it. 

Tlie Witness. I think I have told some things I know. 

The Chairman. If General Blair wants an answer to his question, you can give it. 
The Witness. Well, my impression is, that he got out through the agency of men 
who did not want to allow him to come to trial. 

By Mr. Blair: 

Question. If it was supposed that they were guilty of the murder of Snoddy, and 
those men wanted them killed for it, why shonld they not be just as willing to have 
them hung by process of the law ? 

J «.s'»Yr. Tluit would not gratify their feeling of revenge as well, and at the same 
tiuH' they might not be hanged by operation of the law. They could, not have hung 
more than on<^ of them. They certainly would not have hanged a man for merely 
helping another to get away after committing th(^ murder. 

Question. Who was this man Harris of whom you have s])ok(Mi ? 

A}iswer. He w\as a negro man who had ])een ]>rominent in tlie Union League when it 
got about there in ld)7 ; he was ])nt in jail in 1^^()7, with a great many others, for what 
they called in that country a violation of the 8a])l)ath ; he was l)aih>d out by myself 
and others, as being a man that it would do to trust ; he w^as never brought to trial 
for it, though — the (^flense was so frivolous. 

Que>^tion. .Mr. Boyd, you say, was prosecuting attorni^y? 

An.swer. Yes, sir. 

Question. He was killed in his own house? 

Answer. He was kiHed in the tavern where he boarded; he was a young man. and 
had no house of his own. 

Question. Was he a v(^ry vigorous ])rosecutor ? 

Aufiwer. Yes, sir ; he was a num wlio did lus duty faithfully and honestly — a man 
above reproach. 

Question. Was it known by whom he was killed ? 
^Inswer. It never came out. 
Question. Never came out judicially? 
Answer. No, sir. 

(^)uestion. Was there any^a^-tempt to bring the parties to justice ? 

Aufiwer, I do not know what attempt was made ; I know I would not h:iv<^made the 
atteu]])! for any amount of nmney. A month or six wee^s after he was killed, when I 
went up tl)er(^ to take eharge of his etlects, some of m^ friends — democrats — advised 
me that it would not- near do for me to go to Eutaw to take charge of liis eliects. He 
Avas a ue])hew of mine ; I was the only near relative he had there; he was born in 
South Carolina, bnt was raised in Greene County. I would not go any sooner than I 
did, for the love <*f life. He was killed on the last of February or the 'first of March, 
and I did not go there until near the first of May. 

By ]Mr. Van TiiUMP : 

Quei^tion. You say that your information is that things are pretty quiet up there now. 
Why do 3'ou not connnence a prosecution now ? 

Answer. For the very reason that if I were to commence a prosecution there now, I 
would not be allowed to get away from there. 

Question. That is merely your opinion ? 

Answer. I think so ; yes, sir ; that is my opinion now. 

By the Chairman : 
Question, AVhat is the political complexion of Greene County ? 

Ansicer. The last vote showed a majority of democratic votes there. At th»> presi- 
dential election in 1868, there was srmiething like 2,200 majority for the republican 
party. In 1869, when Major Hays w^as elected to Congress, there was a still larger 
majority. But the vote was very much smaller last year. 

Question. You mean the whole vote cast? 

Ansxver. Yes, sir ; the democratic vote was very largely increased. 



8 



C(»NDITION OF AFFAIRS IN THE SOUTHERN STATES. 



By Mil. y.vx Trump : 
• Quesiion. What propoi-tion of the population of that county aro negroes ? 

Antsicer, A large niajoiitv in that county are colored voters, when they come out and 
vote. But a great many of them told me last fall, two or three days before the elec- 
tion, that they would not vote; that they could not vote, that they dare not vote; and 
while I myself gave out thirty-live tickets to parties who lived in my immediate 
vicinity, and mostly on my land, there were but six of the tickets found in the box 
where they voted. In the presidential election in 18G8, I passed out the great majority 
of the republican tickets for four counties; at one time there were about five to two 
negroes there, but I do not think there are that many now. I shduld think now there 
are about four blacks to three whites. 

Quesiion. Are there many colored Union leagues in that county? 

Answer. I did not know of a colored Union league in that county, that there were 
not some white men in. 

Question. Are there any Union leagues with a considerable proportion of negroes 
in them ? 

Anau-o'. There were in 1867; they have been abandoned now, so far as I know. I 
did know something about them in 1807 and 1868. 

By the Chairman : 

Questioji. You speak of certain leading democrats in town advising you to not to go 
thereafter yournephow was killed. State who they were, and the reason for such 
advice to you. 

Answet'. One was Philip Sclioffert ; another was a Mr. Cavanaugh, a preachei* who 
now lives in Kentucky. 

Quesiion. What reason did they give you for that advice ? 

Ansim'. The reason Mr. Cavanaugh gave in his long letter about it was, that he did 
not think I could jiossibly get away from there. He said that his father-in-law, a 
democrat, and a good friend of mine, advised him to tell me not to come up there. 

Question. Is there any open and avowed determination there to prevent the expression 
of political sentiments on either side ? 

Answer. I do not know that there is any open and avowed determination, unless it 
is to say that a republican shall not make a speeeli there, or when he goes to make a 
speech, to have him ;issaulted and harassed. 

Question. Have you heard any such statements as that made there? 

Answer. 1 have not heard the statement from any leading democrat. I have a great 
many times heard black men say that they heard men say that no republican should 
make a speech iu I«]utaw. About the last of April last, a delegation came down from 
Eutaw, with the Eutaw rioters; and they insisted that 1 should go to the district 
attorney and use my influence to get the prosecution set aside. 

By Mr. Van Trump : . 

Quesiion. You refer to the rioters at the joint meeting last fall? 
Answer. Yes, sii'. 

By the Chairman : 
Quesiion. Had they been brought in court ? 

Answer. Some of them were aiTested, and under bond to appear before the United 
States district court at Mobile, and a great many eame down Avith them as witnesses."- 
Several of those gentlemen called on me, and asked me to go to the district attorney* 
and urge him to drop the whole thing. ^ 

Question. This was at Mobile ? 

Answer, Yes, sir; and in April last. I talked to them moderately, and kindly as 
I could, and told them I had no revenge to inflict on any one for the past, biit I 
should exi)ect real security for the future.' I said, Now, gentlemen, you let me go to 
Eutaw and make a republican speech when I please, and I cannot tell what I will do 
for you." And every one said they could not arrange any such thing for me. 

By. Mr. Van Trump: ' 
Question. ^YiiH that on account of any peculiar hostility to you personally? 
Answer, I say me or any other republican; allow me to do it, or Maior Havs, or anv 
other republican. ' 
Quesiion. Did they say so? 

Answer. They said, "We cannot guarantee you any such thing." 
Question. They meant you jiersoually ? 

Answer. They meant that they could not guarantee any republican to go there and 
make ;i speech. And yet these men say they are opposed to all such thin^^s. I think 
I speak advisedly Avhen I say that a large majority of the wealthy, intelligent, and 
influential peoi)le ot Greene County aro opposed to all this thing. 

Question, Democrats and republicans? 



ALABAMA. 



9 



Ansicer. As to re]niblicanisra, except amonj? the black men, that is about out tnere. 
Piesideut Graut did not get but eleven white votes there when he was elected, and he 
would not ^et that many now, because the few white republicans that were there then 
have been killed or have gone off. 

By the Chaiuman : 

Question. Can a republican there express his sentiments openly in conversation, or in 
a public meeting, and do so witli safety ? 
Answer. I do not thhik he can. 

(Jueation. Is that owing to the existence of a small minority of lawless and riotous 
j)er.soiis in that community ? 
Jnsmr. I think so. 

Question. Then if that be the case, and if a large majority there are opposed to this 
lawless conduct 

Answer. I say a large majority in ])oint of intelligence, not in ])oint of nundicrs. 

Qnesiion. Very well ; if a large majority of the intelligent white ])eople are oi)]>osed 
to that, wliy cannot you secure justice in the courts against those lawless and riotous 
persons ? 

Answer. Perhaps I could not answer that better than by giving you the answer that 
was once given to me, It would ruin our business.*' 

Question. I do not know that I understand your answer fully. 

Answer. Well, suppose that I am a merchant or a lawytu* there ; I de])end upon ])ub- 
lic i)ationage for my ))usin«'ss and livelihood; if I should take a stand that woidd per- 
hai^s bring some of these people to punishment, a hue and cry would be raised against 
me, and I would not ))e supported in my business. 

Question. Do you mean, then, that prominent men engagcMl in business will not take 
a stand for the ])urp()se of bringing these i)eople to punishment i 

Answer. I say exactly that. 

By Mr. Van Trump : 
Question. For fear of loss of business ? 
Answer. Yes, and of being ostracized. 

By Mr. Pool: 

Question. Ilavt^ there l)een any scourgings and whippings there? 
J}isn-er. I have heard of a great many; 1 kno\V' of none personally. 
Question. Of what character ? 

Answer. Taking both men and women out of tlieir houses at night and whi]>ping 
cheni. I know one Idack man was taken out of his house on my j)lantation last Octo- 
ber. I saw him a day or two afterward ; lie had been so abused that he was not able 
to work for three weeks. He said it was by disguised men. It was not more than half 
a mile from Uni(m. 

Question. Is tliere any organization in that county of men who are in the habit of 
going about in disguise ? 

Answer. I have no personal knowledge of any such organization ; report says there 
is, and their acts w(mld seem to indicate it. 

Question. What acts? 

Answer. The killing of Boyd, f(n' one thing. ^Ir. Cleveland and the clerk of the tav- 
ern said there was a large compaiiy ot disguised men who canu^, there and killed Boyd. 
Question. Mr. P)oyd was the i^rosecuting attorney ? 

Answer. Yes, sir; they said he was killed in his room by disguised men. 

Question. Have there been any parades in the county of disguised men ? 

Answer. I have heard of a great many; I never sawone. I believe, in August, 1869, 
there was a raid of disguised men about Union; I did not get out of my bed to see 
them. 

Question. What is that organization called ? 
Answer. Ku-Klux, or White Brotherhood. 

Question. Have you ever heard of an organization called the Constitutional Union 
Guards ? 

Answer. I do not know that such a name as that is current among the people; if it 
is, I do not know it. 

Question. Do you mean to say that the reason why it is now unsafe for you in that 
county is that these violations of the law can take x^lace and no prosecutions follow ? 
Aas)rer. That is the reason it is unsafe, I think. 

Question. And no prosecution can follow, because any man who attemi>ts it would 
beeome an object of vengeance ? 

Answer. Just as Mr. Cockrell was when coming back from Mobile. 

Question. Ami in that way there is terrorism to such an extent as to prevent the due 
execution of the law ? 

Answer. Yes, sir; I think that sums it wp exactly. 

Question. What is the political character at x)reseut of the county officers ? 



10 CONDITION OF AFFAIRS IN THE ^SOUTHERN STATES. 



Anmvet\ They are all democrats, except the probate judge. 

Question. You have said that colored men were put in jail for violating the Sabbath? 
Av8ica\ Yes, sir; in 1867. 

Question. But no white man has been prosecuted for whipping, committing mur- 
der, *Ji:c? 

Answer. No, sir ; there were bills found by the grand jury laj^t fall against some 
colored men for this Eiitaw riot. Although, as I have been told, some forty or fifty 
colored men were wounded in that riot, and some were killed, while not a white man 
got a scratch ; yet some negroes were prosecuted for the riot, but not a white man. 

Question. How many were killed? 

Answer. I do not kiiow of my own knowledge that any were killed. 

Queaiion. How many were wounded? 

Answer. I heard that some forty or more were wounded. 

Question. Gun shot wounds? 

Answei: Yes, sir. 

Question. All black men ? 

Answa: Yes, sir. 

By Mr. Coburn : 
Question. How soon after the riot did you see them ? 

Answer. I went down on Thursday and returned in a few days; I was there on the 
Monday after that; I think I came back on Saturday. The riot was on a Tuesday, and 
on the Monday after I saw some of the wounded men ; perhaps six days after the riot; 
I believe I saw one or two on Thursday, two days afterward, as I passed down; and 
I saw several while I was at court several days after that; the court commenced there 
on the Monday after the riot. ^ 

By Mr. Pool : 

Question. I understood you to say that the former republican majority of two thou- 
sand in Greene County had been reduced till there was a majority on the other side. 
Answer. Yes, sir; I said so. 

Question. Was that a consequence or result of these proceedings ? 
Answer. If you want my opinion I will say that it is my opinion unhesitatingly that 
it was the result of the terror and intimidation brought to bear against the voters. 

By "Mr. Van Trump ; 

Question. If, in your opinion, there was so much terrorism there, and you felt the 
danger, how came it that you were one of the gentlemen to propose a joint discussion 
in such violent times ? 

Ansti'ei\ From the first notice I had of the advertisement I apprehended a riot and 
trouble. I conversed with a great many sensible men who thought the same thing. 
Hence, in order to avoid any difficulty, if possible, I proposed that bo*th sides should 
agree to keep the peace and make a joint discussion ; that each party for themselves, 
should agree that their party should not commence the riot, and let both parties take 
part in the discuS8ion. 

Question. Have you been much in the Northern States ? 

Answer. I have not. 

Question. You do not know then t hat such things occlir in the North very frequently, 
one party preventing another party from holding their meetings peaceably ? 

Answer. I do not know anything of the way politics are managed in the North. I 
never have been in the North more than a few days at a time. 

Question. Who first advertised a meeting to be held at Eutaw ? * 

Answer. The republicans ; their advertisement was some eight days old, I jiresume,^ 
when the other appeared. 

By the Chairman: 

Question. Is that the usual mode of having political discussions in Alabama, to have 
joint discussions? 

Answer. That was invariably the course before the war; political opponents woulds 
meet and discuss (luestions before the people. ^ 

By Mr. Stevenson : 

Questiuti. Did the republican advertisement state where your meetingwastobeheld? 
Ayiswer. In Eutaw. 

Question. Did it mention the place of meeting in Eutaw ? 
Answer. It did not. 

Question. Where was the usual place for holding such meetings ? 

Answer. When the meeting is not expected to be a very large one, the usual place is 
in the court-house ; when it is to be very large, then it would be held in the* grounds 
adjoining the court-house, or in some grove, the place to be selected when the moetinff 
assembled. - ® 



ALABASIA. 



11 



Question. When a meeting is advertised to be held in Eutaw, what \)\sLce is under- 
stood ? 

Anmvei'. As a general thing the court-house, unless it is found the court-house is not 
large enough to contain the audience, when some other place is selected ; except in the 
case of a large barbacue, or something of that kind, when some other place is named 
in the advertisement. 

Recalled and examined. 
By the Chairman : 

Question. I understand that you desire to make some statement to the committee 
concerning yourself as a property holder. You can make tliat statement now. 

Answer. I have lived in Alabama since 1836. I pay more State and county taxes in 
Greene County than any other" man in the county. I pay some taxes in ^lobile, nearly 
or quite as much as any man in Greene County pays. 

Question. Are you the owner of real estate in Greene County? 

A7isu'ei\ I am, and the largest one in the county. 

Question. IIow have these disturbances alfected the value of real estate in that 
county ? 

Answer. It has depreciated it very much ; I should say about one-third. 
By Mr. Blair: 

Question. How do you know that has been caused by these disturbances, as you call 
themf Might it not have been caused by s<niiething else ? 

Answer. I know this, that when you appenl to a man to buy real (estate there, ho 
says, I cannot go there, because I would not l>e let ah^ue." So I answered as I did. 

Question. Are there not some ])t^o})le there who are let alone ? 

Answer. Yes; but they are not buyiug real estate. 

Question. Then you think a man who buys real estate is a very obnoxious x)ersou to 
tlio i)eople of Greene Couuty ? 

Answer. No, sir; not by any manner of means. But, I think, if men whohavi^ money 
could go there and buy and b(^ treated with more respect, tli(U'e would be a higher 
price paid for real estate. I think that the security of life and property is a very es- 
^ seniial element in the market value of property. 

Question. Is not tlie amount of taxation a very essential element also ? 

Answer. Wo have not felt taxes very heavily yet ; W(; are going to feel them. 

Question. I understand the State debt has been largely i]ierease<l sinct? the war? 

Answer. Perhaps you do not tuiderstand the condition of that State debt. No taxes 
have yet been levied by the State for the i>ayment of what are known as the railroad 
bonds. The taxes levied in the State for 187U were about S'JG4,000 ; in l^Gd they were 
nearly as large as last year ; and in 18(57 they w«u*e nearly as large. 

Question. I understand you to say that there has been no tax levied as yet for tho 
issue of railroad bonds ? 

Answer. None, excei)t in counties, local taxes. 

Question. But a large amount of State bonds have been issued ? 

Answer. I think so ; perhaps six or seven millions. I have it from report only. 

Question. Is it not probabli^ that taxes will be levied to meet those bonds ? 

Answer. I think it is probable. 

Question. JNIeii who have money to invest in laud are generally aware of such things, 
are they not ? 

Answer. I presume they are ; but I can hardly see why the lu-ospect of a difference 
in taxes should bring about the dilference in the price of property which exists. I can- 
not see why it should take otf one-third of the value of real estate in one or two years. 

Question. People probably think more bonds will be issued. 

Answer. They can repudiate them if they want. 

Question. Have they repudiated any? 

Answer. Not that I know of. 

Question. Do they contemplate it? 

Answer. I do not know that they do. 

Question. Do the persons who issued the bonds contemi>late rex:)udiation ? 
Answer. I do not know that they do. 

Question. You know that a large amount of bonds have been issued? 
Answer. A large amount is reported. We had a State debt before that, as much as 
that ])erhaps. 

Question. Is it not reported that a great many bonds have been issued without con- 
sideration, and that they do not know how they got out ? 

Answer. I have heard something said about niore bonds being issued than the road 
was completed for ; but when the road was eom])leted it would (jover all the bonds. It 
\vas said that bonds were issued^n advance of the completion of the road. 

Question. And that increases the debt of the State? 



12 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Ansiver. No more than the legislature agreed that it should he increased when the 
road was finished. The railroad, under the law of the legislatui'e, was to receive so 
many dollars per mile when finished. I have heard it said that in some cases bonds 
were issued in advance of the coni]»letion of the work. ... j. 

question. You are a large property-holder, and as, a matter of course you think of 
these thiu"^s. Now, is it not a matter- of course, that when the State debt is so largely 
increased, and when it is believed by many persons that it was improvidently increased, 
that is to say, that the bonds Avero issued even before the roads had complied with the 
conditions for their issue, would not that naturally have the etfect by the increase of 
taxation hereafter to lessen the value of land ? • * 

Atmvcr. It would have the effect of depreciating property to some extent perhaps. 
Ihit when the road is completed to the extent the bonds issued call for, I do not see 
that that should change the aspect of affairs at all. If I should agree to pay you a cer- 
tain sum of money when you had done a certain piece of work, and then should pay it 
to you before the work was done, still when the job was completed it would be all 
even. Now, I think the price of property there would have been increased, only for the 
effect produced by terror and ostracism. Men who would perhaps buy property, if 
otherwise treated, are ostracized, and the influence of tenor is brought to bear on the 
laboring glasses. 

By Mr. Cobujrx : 

Question, How many miles of railroad have been constructed in Alabama since the 
war? 

Ansii^cr. I do not know exactly; perhaps four or five hundred miles. 
By Mr. Van Thump : 

Question. Do you know that mere agricultural lands in the North are decre^asing In 
price f 

Atmcer.'l know very little about the North ; my property of every kind has always 
been in the South. 



Washington, D. C, June 2, 1871. 

Hon. CHARLES HAYS called and examined. 
By'the Cilvirman : 

Question, You .are a member of the House of Representatives of the present Con- 
gress, I believe ? 
Answer. Yes, sir. 

Question, lu what part of the State of Alabama do you live ? 

Ansicer. In Greene County, in the fourth congressional district. 

Question. Please state to the committee as succinctly as you can your knowledge of 
the condition of affairs in Alabama, so far as regards the safety of the lives and prop- 
erty of citizens and the execution of the laws. We desire information more particu- 
larly in reference to the state of things at the present time, and within the last 
year. 

Answer. So far as the present state of things is concerned, there is more quiet now 
than there has been for some time. I know of no outrages committed within my dis- 
trict, except the beating of Mr. Cockrell, who was summoned as a witness before the 
United States court at Mobile, in reference to the Eutaw rioters. I have heard of no 
outrages there, except that since I went home from here this spriiig. Previous to that 
time there had been a great many disturbances. 

Question. How recently was that occurrence? 

Answer. About three weeks ago, I think ; I only know of it from hearsay, from what 
is the general talk in the country. 
Question. You say he was a witness ? 

Answer. Yes, sir; before the United States court at Mobile. 

Qtustion. Was it upon his journey.to or from Mobile that he w^as assaulted ? 

Answer. Upon his return. 

Question. Have you seen him since then ? 

Answer. I have not. 

Question. What other facts can you state to the committee that would tend to show 
the degree of security for person and property that exists in the county in which you 
live, or, so far as you know, within the district, for the last year ? 

Answer. 1 can only give you the facts as I have heard them in reference to the mur- 
der of a ^Ir. Boyd, who was the solicitor for the county of Greene. I know the cir- 
cumstances only by hearsay ; but I am satisfied the facts are true. 

Question, Do you live in the town where Mr, Boyd was murdered ? 



ALABAMA. 



13 



Answer. No, sir ; I do not. I live about nine miles from there in the country, on a 

Ijlantation. lie was the county solicitor for that county ; some negroes had been Is 

this testimony to be published now ? 

The CiiAiKMAN. There has been no decision yet of the committee in regard to the 
immediate publication of the testimouy. We have concluded to take testimony, allow- 
ing only the person testifying to be present in the committee-room, holding over the 
qut^stion of publication. 

The Witness. I only wish to make this suggestion so far as I am concerned : I think 
it wonld be far preferable for our section of the State not to have this testimony pul>- 
lished at this time; that is merely a suggestion to the committee. If the testimony 
should be published, I think it would l)e necessary to send troops there ; and we want 
to get along without them if we can possibly do so. 

By the Ciiahoiax: 

QuesUon. What eftect would the publication of this testimony have there, in refer- 
ence to the witnesses giving it, or the persons who might be named? 

Aui^arr. I think it would hav<' i)rettymu(;h the same ellect upon them that the testi- 
mony that Mr. Coekndl was expeettul to give in reference to the Eutaw rioters had 
upon hini. 

QutHtion. You mean that the witnesses would not be saf(^ in testifying to their knowl- 
edge of lacts ? 

Aumrr. I think they would not ; I judge so from tin' demonstration made against 
Mr. Cockrell after his return ns a witness in the lFnit<'(l States conrt at Mobile. 

Qiici^tion. The- committee will doubtless consider your snggestion. You will i)roceed 
with yonr statement in regard to ^Ir. IJoyd. 

Answer. I was in Wjishington in Congn^ss at the- time, and one morning receiv(Ml a 
telegram from ^Mobile stating that Mr. Boyd had been murdered at Eutaw. A short 
time after that 1 received sdnu^ letters stating that the county solicitor of Chmmio 
County had hwii murdere<l in Eutaw, at I^lr. Clevelan<rs liot(^l, by men in disornisc. 
It seems thtM-e had Ixm.mi some difticulties that originated n<'ar the town of Union, in 
the northern part of Greene County, in referene<^ to the holding of political mei^tnigs 
there among the negroes. The white men of that p'.)rtinn of th(^ (nninty determined 
that they should not hold them ; tlu\v went to where these negroes were holding the meet- 
ings, 1 supi)ose, and told some of them. This is only what I heard; I do not" know it 
positively, myself, but 1 heard it generally n^jiorted in the county. 

Qne>iUon. (iive us only what you have examined into and are satistied is a correct 
statement of the facts. 

A)i,'iwer. 1 give you the statements as I heard them. These negro(\s had l)een hold- 
ing some political meetings, and the Avhite men of the county rhtermined to break 
them up. They went there to stop them from holding the meetings ; a dilheulty 
occurred in which some negroes were shot, and a night or two after others were car- 
ried otl and whipped. Th(^ circuit court was coming on in a short time, and ^Ir. 
Boyd, who was the solieit(U' of the county, said to sonn^ citizens at Eutaw that he 
intended to commence x)rosecutions before the grand jury to iind (mt the parties who 
had shot and whipped these negroes. AVhile the com't was in session, I think, a body 
of some thirty or forty men rode u]) to tln^ hot(d, about 11 o'clock at night ; they were 
disguised, and Avent into the hotel, took Mr. Boyd out of his bed, and kilk-d him right 
in tht; ]>assage, or on the porch of the hotel; they killed him by shooting him. That 
is one occurr(*nce. 

Question. Were any ]>roeeedings instituted for the purpose of discovering and arresting 
the ])erp(;trators of that otlense ? 

Answer, I think not; tln^re never has been anybody arrested; I think that probably 
they had the matter before the grand jury, but I do not know that they did anything 
at all. 

Question. Were any of the perpetrators known ? 
Answer. Not that 1 know of. 

Question. Being a citizen of that county, and interested in the good order and secu- 
rity of the county, have you taken any steps to discover and bring to justice the 
perpetrators of that o\itrage ? 

Answer. I do not think any steps have been taken. 

Question. Have you any knowledge of any other occurrence of that character within 
the last year ? 

Answer. There was a colored man by the name of Guilford Coleman, who lived in 
that county, and who Vv^as a delegate to the State convention that nominated the gov- 
ernor, and also a delegate to the convention that nominated me. Upon his return 
from the convention that assembled at Demopolis, some two or three nights afterward 
he was taken out of his house by parties in disguise, and has never been heard of 
since. 

Question. Was that in Greene County ? 
Answer. Yes, sir ; in the town of Eutaw. 



14 CONDITION OF AFFAIRS 1^ THE SOUTHERN STATES. 



Oiws/io??. When was that? ... . x . . 

Amwcr, I tliiuk it was in the last of June. I am not certain as to the exact time. 

By Mr. Bhxin : 
Question. A year a<;o. • 
Answer, About a year ago. 

I3y the Chairman : 
Question. Were you at a political meeting held in Eutaw in October last? 
Antucer. Yes, sir. 

Question. Were you present at the time the riot occurred there ? 
Answer. Yes, sir ; I was on the stand at the time. 

Question. Give ns as nearly as you can an account of how that riot originated, and 
what occurred while you were there. 

Answer. A public notice had been given by the State executive committee that Gov- 
ernor Smith, who was then a candidate for reelection, Senator Warner, Governor Par- 
sons, and myself, would ^peak on a certain day at Eutaw. Shortly after that notice 
was given, handbills were struck ofTat Eutaw, I suppose, and putnp all over the county, 
announcing that a democratic meeting would be held at Eutaw at the same time. I 
went up to Eutaw on the day named for the meeting. There were some United States 
troops there, under the command of General Crawford, about a half a mile from the 
court-house. I had been raised in Eutaw, and had lived there all my life. As soon as 
I got there, I said to General Crawford, "General, I think it would be better for you 
to consiUt with Governor Smith, and arrange measures to pi'cserve order here ; T think 
the demonstrations look a little ugly, and I am afraid we are going to have a row." I 
said to him that the democrats having a meeting at the same time that the republicans 
were to hold their meeting, it would be best upon the whole to address a note to the 
leaders of the democratic party there, in order to inform them that we proposed to 
have peace and (piiet and order here, and to discuss the questions before the whole 
people. I said that, so far as I was concerned, I did not propose to speak at all; that 
Governor Smith and Senator Warner would speak, and that the democrats could select 
their orators, some arrangement be made for dividing the time,' and it could be gen- 
erally understood that both i)arties would preserve order. He replied that he thought 
that was a good suggestion. Mr. Miller, Mr. Cockrell, and myself were appointed 
the committee on the part of the republican party to confer with the democrats. Mr. 
Miller addressed a note to Colonel Jolly and Mr. Pierce, who were appointed on the 
part of the democrats, informing them that w^e proposed to have a public discussion, 
and to guarantee peace and quiet and order while the speaking was going on, pro- 
vided they would unite with us in doing so. We were then in the office of the circuit 
clerk. Colonel Jolly and Mr. Pierce, on the part of the democrats, came over and said 
that they did not propose to discuss at all these questions, either as to men or measures ; 
I think that was their language in substance. In other words, they ignored entirely 
the whole thing. In the mean time the meeting of the democrats ^vas going on at the 
opposite side of the court-house ; their candidate for the legislature, a man by the 
name of Smith, a Baptist minister, and a very good man, made a speech. In a short 
time the republican meeting was called to order upon the opposite side of the court- 
house. As soon as the republican meeting was called to order, a large crowd of those 
who had gathered where the democrats were speaking left there and went around on 
the other side of the court-house, where Senator Warner was speaking. As soon as 
this crowd had deserted the democratic meeting, a great many, some of .them from 
Mississippi, others from Sumter County, and some from Greene County, came around and 
coimneuced hallooing, and making a noise, and hooting at Senator VVarner, tolling him 
that he was a damned liar, and interrupting him, so that he could hardly goon. 
Finally, after a great deal of trouble, he concluded his remarks, and Governor Parsons 
got up to speak. He commenced by telling them that he had voted for Seymour and 
Blair, that he had been a democrat, always a conservative man, and thought that the 
best plan to be pursued now wiis for the defeated democracy to accept the situation, 
&c. One man in the crowd said, " Let him go ahead, he is inaking a good democratic 
speech, and as long as he is making that kind of talk, don't interfere with him." 
About the time the governor was coming to the point of his argument, there was a 
general row and shouting, and a great many would curse at him and hoot at 
hnu. He got along badly, and finally ended his remarks. I had determined be- 
before I went there not to 8i)eak. I got up for the purpose of moving an adjourn- 
ment of the meeting. There was a table just outside of the court-house window, 
and I got up on the table for the purpose of making that motion. Just as I did 
so. a man caught me by the sleeve, and pulled me off the stand, and two men, one on 
either side of the table, tilted it over. Just as that was done, some persons who ha<l 
got into the office of the circuit clerk commenej'd a rapid firing from the window 
upon the negroes in front, firing over the heads of Governor Parsons, Senator Warner, 
mySelf, and others. There were two men who commenced shooting at me, but one 
was immediately seized by the sheriff. In the general met^e the negroes retreated, and 



ALABAMA. 



15 



rbe crowd pursued them, firing rapidly upon them. The negroes broke down the 
court-house palings and ran off. I stood there until the firing liad stopped, and then 
started along over to the hotel with Senator Warner and Governor Parsons. As I did 
80. a man stei)ped out just in front of me and said, I want to kill him anyhow." He 
pulled out his pistol and shot at me; I suppose he was as far Iromme as it is from here 
to the window. In the mean time an old sheriif of the county, who was a v(>ry warm 
personal friend of mine, although a very hitter democrat, came up and took hold of 
this man, and knocked the pistol out of his hand, or took it from him. I turned aronnd 
and (piietly walked into the court-house door. The troo[)s had got there about that 
thno ; General Crawford had ordered them there. A great many ])ersous had gone into 
the stores in the place, and seized double-barreled guns, and were i)ursuing the m^groes. 
I did not see any of them fire these double-barreled guns, and I do not believe they did; 
tliey were shooting tlu^ negroes with pistols. In the mean time the n(\groes had re- 
treated down the street some distance, and tlie troo])s went down tliere, and halted 
the white men who were ])ursuing the negroes, and <her(> the thing stopj^ed. 

(Jncsfioi). Were there persons from ]\Iississi])pi and adjoining counties in Alabama 
engaged in making this attack ? 

^in.swcr. Yrs, si]-; there were some men there from ]Mississi]i]>i ; there is only one 
county between the county in which I live and the ]\lississi])pi line. 

(Jursiiou. How many ])ersons were kilhMH 

J^^sI^Y^•. I do not know; I heard that live men had died from tlieir Avoinul>i. I saw 
two lying in the court-house that evening after the row was over, who looked to me 
as though they were going to die. 

(Jucstion. llow many altogether were wounded ! 

.If.vjccr. Tiie report was that ther(^ Aveiv lifty-four wounded. 

(J)i(ntion. Was there any motive avowed for nudving this attack ? If so, state what 
it was. 

^Inswer. Xone whatever that I know of, exce])t that I think the jmrpose was to 
break )ip the meeting. 

(^>nfstiou. Was there any personal hostility to either of the gentlemen who were 
Jfjieaking / 

Answer. You must know that there is a very great hostility to every man in that 
section of the country connected with the republican ])arty. 

QucHi'wu. Wliat 1 want to get at is, what was said showing the motive for the attack, 
if there was anything said to that elfect ? 

Aimviv. l-^very man in that section of country who is in tavor of tlie ]K>licy of Con- 
gress and of the reconstruction acts is regarded as [in enemy of the country. 

15y ^Ir. ConrRN : 

Qucsfion. AVas there any other motive for the attack than a political one? 
Answer. Xone that I know of. 

By the CiiAirniAX ; 

Qiicstio}}. Were theic any sentiments of that kind expressed there on that day — sen- 
timents of the character of those to which you liave just referred; that is, that the 
republicans w(^re enemies of iln^ country ! 

Aio^wcr. Yes, sir: I heard several men say that they should not make any speeches 
there, and that there should be no more i-adieal meetings lield there, and things of that 
kind. T heard one man say. after the row was ''Well, you sent for your Ignited 

States Senator, and for your govei-nor, and tor your United States otficer, and for your 
member of Congress to come here, and, God damn you. we have cleaned you all out.*' 

Qucfifion. Who was he ? 

^luswcr. I do not know; I was told that he was from ^Mississippi, and I tried to find 
out who he was, but I did not learn his name. 

QuL'siiou. Are you a native of that county ? , 
^hiswcr. Yes, sir; J was born and raised where I am now living. 
Quesiiou. You have an acquaintance in that entire district ? 
Av.swer. Yes, sir. 

Question. How many counties compose your district ? 
Answer. >^ourteeu. 

Qncsiion. Have you any knowledge of the existing state of things in the other coun- 
ties of your district ? 

Answer. Only from v^hat t have heard and seen published in the newspapers, and 
wliat has l>een reported to rae by my constituents. 

Question. Have vou traveled over the entire district ? Have you canvassed the dis- 
trict ? 

Answn-. Yes, sir ; I have canvassed it. so far as I could ; I could not go farther than 
Eutaw dui'ingthe last election. 

Qncsiion. Have there been disorders in other portions of your district affecting the 
security of person and property ? ^ 



16 CONDITION 8f affairs IN THE SOUTHERN STATES. 



Jnswer, I understand there have been some difficulties within the last year in Choc- 
taw County. Jm\cre Luther R. Smith, who is the circuit judge, I understand has 
recently had liis gin-houso burned. I myself saw some resolutions published in a pai)er 
in Livinghtou requesting him to resign, and notifying him that it would not bo 8afe— 
well, I am not certain about that part of it ; I heard that, but I do not think it is in the 
resolutions that were published in the paper. I heard that he had been notified not to 
go to Livingston to hold court. He had been notified not to go to Eutaw, and he con- 
sequently did not go there. 

OMe^ftoH. He is the presiding judge of the circuit? 

Ansiccr, Yes, sir. Judge Pelham held the last court at Eutaw for him. Judge Pelham 
is an active republican, and is living at Talladega. 

Question. Is Judge Smith a native of the State? 

Aimver. No, sir; he is a northern man. 

Question. Is he a republican, and was he elected as such ? 

Answer, Yes, sir. « . 

Question. You have said that there was now a better state of affairs m your portion 
• of the State ; to what do you attribute that ? 

Answer I do not know, unless, perhaps, it is the passage of what is known as the 
Ku-Klux bill, autl also the publication of the democratic address that went out from 
hero some time ago. I think that had a very good effect ; and I think it probable that 
the passage of the Ku-Klux bill has had a good efiect. I think if we had passed a gen- 
eral amnesty bill, it would have had a still better -effect. 

Question. Have you sufficient information in regard to the existence of any organiza- 
tion for the purpose of committing these outrages, to enable you to testify on that 
point ? 

Ansim'. I have no personal knowledge ; I have only heard of frequent instances of 
negroes being taken out and whipped, but I never saw a Ku-Klux in all my life ; I have 
heard of them frequently. 

Questio7i. From the information which you have obtained as to outrages which have 
been committed, can you state whether they were committed by organized bands? 

Answer. There is no doubt about that. • 

Question. Of persons in disguise? 

Auswcr. I understand that they are sometimes disguised, and sometimes they are 
not very particular whether they have their disguises on or not. 

Question. Have any persons who have committed offenses of this kind, in bands of 
disguised men, been tried and convicted in your district, so far as you know ? 

Ans^ver. Not one that I ever heaVd of. 

Question. Do you yourself feel a sense of personal security there? 
Answer. I did not at one time. 
Questio7i. Why? 

Answer. I felt very insecure, indeed. 
Question. On what ground? 

Answer. Because I had been a very active rei)ublican, engaged in building up the re-. 
publican party, and consequently was under the odium that generally attaches to* 
members of that party. 

Question. Has this species of terrorism and outrage had the effect of preventing a free 
expression of political sentiments to any extent in your State ? 

Answh. Yes, sir. I do not suppose you could get a man, in that part of the country, 
to go to that district and make a republican speech. It was only by the most strenuous 
efforts that I could get Governor Smith and Senator Warner to go there. I had myself 
to go to the committee and tell them I intended to go home, and make no speech in thej 
campaign, for it would cost me my life, and I did not propose to do it unless I couhf 
get some one to go along with me ; consequently I got them to go over there, and then 
this row was organized for the purpose of breaking up the meeting and stopping the 
canvass. ^ 

Question. To what extent is this sentiment shared by the leading white inhabitants ? 

Answer. I think the leading men of the country, the good citizens, who arc property- 
holders, are opposed to this thing. I think that "in the beginning they winked at it^ 
because they thought it would ultimately result in the breaking down of the republi- 
can party ; but the thing has got too big for them now, and they cannot control it. I 
think they now regret this, about as much as anybody does, with the exception of a 
few men, who are young men, and went into the confederate army, and have lost all 
their property. 

Question. If a sub-committee were to go into that portion of the county where these 
outrages have been committed, would the leading white men there give thein such aid 
and assistance as would enable them to ascertain who were the guilty parties? 

Answer. 1 think that extremely doubtful. 

Question. Would there bo any difficulty in procuring testimony of persons on tlie 
ground, who had been victims of these outrages ? 
Answer. I think there would be. 



\ 



ALABAMA. 



17 



Question. From what cause ? 

Ani^wer, Because they know very well that if they were to go before a sub-committee 
there, aud testify, the very momeut that committee left they would be killed. 

By Mr. Van Tkumi^ 

Question. You say, "They know." Do you not mean that is your opinion ? 
Ansiccr. Of course, sir, that is what I mean. 

By the Ciiairmax : 

Qufsfion. Can proceedings be instituted there, with auy reasonable prospeet of sue- 
iM'^s, against the p;\i"ties who are committingthesc outrages in that portion of your State, 
for the ])ur})Ose of discovering aud ])unishing them ? 

Jn^iicer. I do not think they can be in Greene Couuty, in Sumter County, or iu 
Pickens County; I think that probably they might in some other counties. 

Qiie^>tion. Are there any other counties, in your district, in which the state of things 
is as bad as you represent it to ])ein (ireene county? 

Ansiar. 1 thhik not, although the feeling is very bitter, aud I have heard of outrages 
that have ])een committed in Pickens Comity, but that was two years ago. 

By Mr. Van Tku.^ip : 

Question. When you si)eak of other coiuities,'' do you mean counties in your dis- 
trict or in other })arts of your State ? 
Answer. In my district. 

By the Chairman : 

Qnestion. Have any threats been made against you which led to the feeling of inse- 
curity on your part, of which you have- spoken ? 

Ansirer. I cannot say that ther(? have ])een any threats made against me directly. I 
liave been notilied by gentlemen, Ns ho were iViends, that I was in an unsafe situation 
there. I have been notitied by members of the democratic ])arty that they tho-ught it 
would be better for me, at certain tiiues, to go out of the county for a while. 1 have 
a large family connection in the county, very large ; nearly half of those living in my 
iiiniK.'diate neighborhood in that county are related tome, andtln^y are about all dem- 
ncrats. 

(Jnestion. llov,- recently have any notices of that kind been given to you ? 

Amsmr. I received a letter of tluit description before I left here in thi^ spring, thougli 
I did not giv(^ much attention to it. The writer of th(^ lette'r stated that it was thought 
it would ))e very unsaie for me to come ))a('k to that ])art of the country. I thought 
then that the man was exaggeratiifg, though not intentionally, and 1 think so now. 

Qne-^lion. You did retiu-n / 

Ansirt r. Yes, sir. 

Qiiesf'a))i. Have you experienced any moh'stati(Ui ? 

Answer, ^o, sir, not a particle. lam of the oi)inion that the country therc^ will b< 

net ; 1 ho])e so. I believe the country will now quiet down. I think the determina- 
tion is to desist from any further whippings or T)urnings or murders ; I think that is 
the determination. But 1 believe that there are men there who are pi^rfect desp(U'adoes, 
who ha\ e nothing to do except to go about. an<l who think it is a poi)ular thing to hound 
a man 1)ecaiise he is a rei)ublican. I think a republican is frequently iu danger of 
being attacked by them. 

(Juestion. Is it your belief that the tone of public sentiment upon that subject among 
the white ])opulation is changing ? 

A^isieer. I think it is. 

Question. Aud that they will assist in jU'cventing these outrages iu future? 

A)isirer. I think so. 1 know 1 hav(^ received letters from some of the ablest men 
belonging to that party, some of tin* most ])rominent men in my State, since I have 
been home, in whicli they say that these- things shall stop ; that they shall go no fur- 
ther; that they will use every eff(ut they can possibly bring to bear to put a stop t;> 
these tilings. 

Question. Was that the ease six months or a year ago ? 
Answer. Xo, sir, it was not. 

Qnestion. What was the elicit of this riot in EutawMipon the attendance of voters at 
the last election ^ 

Answer. I carried the ^ count}' of Greene ])y 2,600 votes when I was hrst a candidate 
for ("ongress. Tliere were then in that county about *2,U00 negro voters, and about >^U0 
white voters ; some few of the whites voted the rei^ublieau ticket. At the last elec- 
tion that county went democratic by 43 votes. 

By :Mr. Van Trump : 
Que.-ifion. The whites did not vote at all at the first election, did they? 
Answer. Yes, sir, a great many of them did. 



18 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 
By the Chairman : 

Question. You say there were abont 2,G00 repnblicau voters and about 800 democratic 
voters in that county ; that would make about »3,400 voters in the county? 
Ausiccr. Yes, sir. - * 

Question, What was tlie total vote cast at the last election? 

Answer. Pretty much the same as at the previous election, but the character of the 
vote was ehan<;ed. 

Quesiion. Was tliat done by the ordinary method of appealing to the reason of the 
l>eople, or was there any intimidation and violence to produce that effect ? 
Anstcer. A great many negroes in the county did not vote at all. 

By ^Ir. Van Trump : • 
Questiov. How came it then that there was no ftiUing off in the aggregate vote I 
Ansivcr. Because they had arranged all that thing previous to the election. 
Question. You say there were as many votes in the aggregate at the last election as at 
the previous election. 

Answer. Yes, sir; and I will say that at Union there were 248 republican and 54 demo- 
cratic votes in one of the boxes at the first election, and at the last election there were 
in the box, I believe, 12 or 15 democratic majority. The negroes did not vote at all, 
and yet the same number of votes were there. 1 have no positive proof of it, only I 
have heard so. 

By the Cilvir:max : 

Question. You mean that the returns were made as if tiie full number of votes had 
been east ? 

Ans^re)'. Yes, sir, precisely; I mean that there was nothing but fraud in the election; 
that the whole thing was fraudulent. Now, to show the difference between the two 
elections : In the box at the town where I live, Boligee, there were at the last election, 
I think, 474 majority republican votes. 'That box and the box at Falkland and at 
Mount Hebron were the only boxes in the county that gave a majority of republican 
votes. The probate judge of that county stated to me before the election came off 
that he did not take any interest in it ; that he thought the election was already held. 
He was one of the supervisors of election. 

Qnestion. How are they appointed ? 

Answer. Under the law the circuit clerk, the probate judge, and the sheriff are 
supervisors of elections. The sheriff, I think, made out the list of officers to hold the 
elections, and appointed as such all democrats iu the county; there was no republi- 
can appointed at all. The democrats held the elections tliemselves and made the 
returns. / ^ 

Questio7i. How many members of the State legislature are elected from that county If 

Answer. Two members. 

By Mr. Blair : 
Quesiion. Who appointed the sheriff? 
An8wc7\ The governor of the State. 
Question. Who was the sheriff? 
Answer. A !Mr. White, and a very good man. 

Question, Was he a republican? , 
Answer. No, sir, a democrat. ^ 
Question. Who was the probate judge? 

Answer. Hon. A. 11. Davis. i 
Question. Was he elected or appointed ? , C 

Answer. lie was appointed. 
Question. Who appointed him ? 
Answci'. Governor Smith. 
Question. Was he a democrat ? 
Answer. No, sir, he was a republican. 
Question. Who was the other supervisor? 

Answer. I think it was a Mr. Smith, the circuit clerk; he was appointed by the go\^* 
onior and is a republican. But I understood from Judge Davis that these matters were 
never submitted to him or to the circuit clerk, but the sheriff made out the appoint- 
ments and sent tlicm out, without consulting with thern* 

Question, nad he authority to do that under the law ? 

Answer . I think not. 

Question. Yon say there was a trial in Mobile of these rioters? 

Answer. They did not try them, on account of the absence of some witnesses. 

Question. The trial was to have been had? 

Answer. Yes, su\ 

Question. Who put off the trial ? 

Ansicer. I think it was put off by the United States Government. 



ALABAMA. 



59 



Qnestion. For Tvant of witnesses ? 

Jnswer. Yes, sir ; I think that was the reason. 

Qu('i>twn. xVnd no trial was had ? 

Answer. No, sir. 

Question. Who were indicted ? 

Answer. I do not remeniher their names; I never saw "the indictment. I did n<>t 
make any affidavit myself; I did not propose to have anything to do with it. I was 
snmmoned before the grand jury as a witness, and went before the grand jury, but 1 
did not testify. 

By m. Van Tiu'mp : 
Question. How many wcn-e indicted ? 

Answer. I do not know how many ; I have understood that about twenty were in- 
dieted. 

By Mr. Blair: 
Question. Was Mr. Cockrell one of the witnesses ? 
Answer. Yes, sir. 

Question. Do you say he was beaten ? 
Answer. Yes, sir. 
Question. AVhere ? 

Answer. At Fincli's ferry, about three miles from EtTtaw, on his return from ; 
lie cnuu^ up tlie Warrior Kiverou a steamboat. 
Quistion. On his return from ^lolnh' ? 

Answer. Yes, sir : I hav<' not seen ^Ir. Cockrell mysi-lf, but I understand that vr;:s 
the ease; I su])[)ose everybody ni the county will admit tliat. 
(^hiestion. Where does ]\[r. Coclvrell live ! 
Answer. InEutaw; he was a lawyer there. 

Question. Do you think we could send a i»art of this conmiitiee down there :ind -vf 
testimony in this case ? 

^Inswer. I do not know as to that ; probaldy you could; that is a matter you must 
determine for yourselves. 

Question. Would we not have a better oi>portu!dtv to obtain tlu; testimon^ there tl'VAi 
. here / 

Answer. Yes, sir; I think so. I do not know that sending a connnittee down tlu r* 
would do any good in the world. 

Question. Would it not do asiuueh good as having a connuitt(M^ hove ? 

Answer. I do not know that it would do nnu-h good iniywhere ; tliat is my opinion. 

Question. The (piestiou 1 wanted to l)re^?ent to your mind distinctly was. wlierln'r, 
in your opinion, we could not go ther<' and have a better chance to get an exact id- a 
of the state of things there than we could get here, (►r in any i)lace <listant from here ! 

Answer. I think you could. 

By Mr. Pool: 

Qutstion. Why did not these witnesses go down to Mobile ? 

Answer. I do not know the reason ; I suppose the main reason was ])ecaus(^ they did 
not wish to appear against these men. 

Question. Do you tliink they were afraid to go ? 

Answer. I do not know that they were afraid ; but I think a great many there 
thought it would do no good to have these men convicted ; others thought it would 
probably be l)etter to let the mattiu' rest vrhere it was : the country was (piict, and 
they thought it wouhl be better to let it remain so. 

Question '. Did the great bulk of witnesses for the United States declme to go ? 

Answer. I think only two declined to go ; Mr. Brown and myself. 

Question. The rest went ? 

Answer. Yes, sir ; the reason I declined to go was this : I was sununoned before the 
grand jury of the county immediately after the liot. I went there and they asked n^e 
some ([uestions; I said to them that 1 had been a candidate there at the time the row 
had occurred, cVic. ; that everybody was familiar with it; that then^ were plenty o I 
witnesses without me, and I did not desire to give any testimony at all in reference 
to it. The grand jury determined to make me answer, and I declined to answer : th(\v 
then sent nit^ out to .Indge Smith, who was holding the court. I told the judge that I 
thought it best for the ]>eace, quiet, and order of the county that I should have noth- 
ing to say in reference to that riot, and that I did not propose to say arivthingin n.'fcr- 
ence to it. T told him that I wanted him to excuse me from testifying lu fore the grand 
jury. The solicitor of the county united with me in that request, and the judge- ex- 
cused me. I wish, hovv'cver, to make this remark: it was said that I hred th'' iir-t 
^]u)t. I say that I did not lire at all. It was ])ublished in the iiapers that I had Ihcd 
ili'.' first shot, and that there were five or six men who would swear that I did so. T 
will simply state that that was not correct ; I did not fire a shot at all. 



20 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



By the Chairman : 

Question, What was the result of the inquiry before the grand jury? 

Answer, I do not know ; I have never ascertained what the result was. 

Question, AVerc any bills found against anybody? ^ ^ 

Answer, No, sir : and probably for this reason : the United States niarsha. appeared 
there directly after the elections and an-ested these men, and the case was transferred 
from the court there to the United States court at Mobile. I presume that was the 
reason why the matter was dropped in the State courts in the county. 

Question. Is there any difficulty in your county in the administration of the law in 
the case of ordinary criminal oflfeuscs, such as assault and battery, larceny, and offenses 
of that kind, which arise in every community ? , . 

Answer, As a t'eueral thing there the law is fCdmiuistered so far as one class is con- 
cerned. I do not know what they did with those men who whipped Mr. Cockrcll. I 
do not know that they were arrested or that anything was done about it. As a general 
thing, though, when two negroes fall out and have a fight, or when two white men 
fall out and'liavo a fij^ht, they are taken up and tried. 

' By Mr. Biair : ^ 
Question, Did Mr. Cockrell know the men who beat him ? 
Answer, Yes, sir, very well ; I presume he doesj I understand he does. 

By the Chairman : 

Question. Is there any difficulty in the administration of the law in the case of crimi- 
nal offenses where they have no connection with politics ? 
Answer. I think not. 

By Mr. Blair : 

Question. Who is this man Brown, the other witness who you say failed to attend at 
Mobile? 

Answer. He is a young man who was in the confederate army, and lost his leg at 
^lalvern Hill. He is a republican and a native of that county. 
Question, You say all the other Avitnesses appeared ? 
A7i8W€r. Yes, sir. 

Question. Could there not be any number of witnesses obtained there as to the fact^ 
of the case? 
Answer. Any number, I presume. 

Question. Then why was it necessary to postpone the case simply on the ground of 
the absence of two witnesses ? * 

Answer, 1 presume it was on account of some testimony which Mr. Brown could give 
in reference to this matter, and that no one else could give ; I presume so ; I do not 
know. 

Question. Is there any difficulty at all in trying these rioters in the court at Mobile V 
Answer, I think not. 

Question. Or executing any decree of the court ? 
Ansue7\ None whatever, I think. 

By Mr. Van Trump : 

Question. Then the trial was not pnt off on account of the absence of witnesses 
generally, but simply because of the absence of two witnesses ? 
Anstccr. I think so. » 

By the Chairm^vn : 

Question. 1 understand you to say that it is your impression if things are left to time 
and the operation of the laws now in existence, the strong probability is that there 
will be no further disturbance in your State ? 

Answer. That is my impression f I hope for that ; I think they are all tired of these 
things ; I know I am. 

Question, When you say that, are we to understand you to mean that men can go on"" 
now and express their political sentiments there as freely as at any time heretofore, 
without being called to account for it, or without incurring any danger of violence ? 

Answer, No, sir, I do not mean that. I do not think any man could go there and 
make a republican speech Avithout there being a riot. 

Question, Then does the future peace and security of the State depend upon republi- 
cans suppressing their sentiments and keeping entirely quiet ? 

Answer, I think that has a great deal to do with it. I will explain more fully what 
I mean. There wnll be no election there in the State for nearly two years. I think the • 
])atient wants rest. I think if we just keep the military away from there and let 
things alone as they are for the present, the people Avill probably see that it is better 
to have peace and order all over the country ; and I think that is what they intend to 
do J at least I hope so. 



ALABAMA. 



21 



By Mr. Coburx : 

QKestlon. Do you mean to say that tbo quiet of the country depeuds upon not arrest- 
ing these ofientiers and not talking politics ? 

Answt)'. I think that has a great deal to do with it. These men have already been 
arrested and carried to Mobile. 

Qnestwu. You mean that the prosecution should not be pressed ? 

An.^irer. Yes, sir. 

Question. It depends upon those conditions ? 
Jnsirer, I think so. 

Quention. In your opinion, what evil would result from the detection, trial, and con- 
viction of the perpetrators of these political outrages ? 

By Mr. Blaih : 

QncstioiL I thought you expressed the ojiinion that general amnesty would do mor-:; 
to (luiet the country than anything else ? 
Anau'cr. 1 think so. 

By Mr. CoBunx : 

Quesiion. I would like to have you answer my fpicstiou. "What evil would result; 
froni the arrest, trial, and conviction of the perpetrators of tliesi' outrages / 

AvHicer. I could not tell you. I have heard men say there that threats liad hvf-n 
made, that if these men were interfered with in Mobile, the witnesses wouUl ])e jKiid 
up in casli account; that was about the expression used. That is, if they went to 
Mobile and these men were convicted and sent to the penitentiary, they were given to 
understand that the witnesses could not live in the country. 

By the CiiAimiAX : 

Qmstiou. Tlien I understand you as saying that the future security of the State 
de])ends upon granting innuunity aiul auniesty to these mi'U who have committed out- 
rages in the past, and ujioii the entire siliMu-e of the republicans in the futun^ ? 

Aiifiinr. I cannot say that. I say that 1 think the ])est cdurse now, as tilings are 
(piiet there, is to let tlieni remain so ; and proliably Ijy the time the n<'xt election c<jnies 
olf, in two y(nirs, republican views may be trdenited there, .and uumi may be aUowed ro 
make speeches wherever tlu'y ])lease ; that is tlu' idea I wish to convey, that they may 
be allowed to exi)ress their sentiments whi'revi'r they i)lease at tlu' expiration (»f that 
time. 

(Jn(st'w)}. Does that convey the i(h'a that thei'e should be no i)roc<U'diugs against tin) 
peipetrators i)f these t)utrages; that they should Im' allowed to go uujiuuished ? 

Aiisinr. 1 do not go that far, because I think tlu' guilty ought to sulfer luniishmeiit. 

(Jncxtion. What would be the result of ])roceedings against them / I do not mean 
that you think that ought not to be done. But 1 wish to knt>w whether 1 am ro 
uiulerstand you as snyiug that if prosecutions are c;uTie<l on against these oiienders 
and they are brought to Justice, the result will be 

^iiiswcr. More trouble in the county ? 

(Jiu'stion. Yes. sir. 

Answer. I think so. 

By Mr. V.vx Tu r:\ir : 

Qnestwu. I understood you to say that you thought there was a general determina- 
tion on the i)art of the people there, except a few roughs, ro have these things stopped. 
Do you mean to say that is U})on th<^ condition that none of these otfenders shall bo 
prosecuted ? 

Ans^wcr. I do not say that. I think the prosecution of these men, the conviction of 
them, and th(^ sending of them to the penitentiary, would stir up a bad feeling in that 
section of the country. 

Quef^t'wu. Do you mean that the public opinion there in regard to having peace here- 
after is based upon the condition that no ]>rosecution should be had against these 
criminals ? 

Answer. I think so. 

Question. Have you any evidence or facts upon which you base that belief ? 

Answer. Xone, except that I believe the general sentiment of the people is in favor of 
having these cases dismissed. 

Question. That might bo the general sentiment and yet not be a condition ? 

Answer. I do not say they make any such bargain ; but I think it would be best ; 
these are my views. 

By Mr. Blair: 

Question. I desire to ask you in reference to the opinion you expressed of general 
amnesty — anmesty for the offenses of the war, I presume you mean ? 
Amicer. Yes, sir. 



22 



CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Question. Would it do moro to quiet the country than anything elso f 
Answer, I think so. 

Question. Upon what do you base that opinion ? 

Answer. There are a great many aspiring men in Ah\hania, as there are everywhere 
else. They have been kept down under disabilities. They want to have a chance to 
occupy official positions ; that is something that is in the hnnian heart, it is the senti- 
ment of ambition. These men think if they could get back into C<)n;;ress~in other 
words, they wish to bo placed upon an equality with all the people of the country. 

Question. Is not that a very natural sentimeiit 1 

^?i«rer. I think so. i , 

Question. Is it not a very unnatural thing to hold men responsible for that about 
which they have nothing to say ? 
Answer. They do have something to say. 
Question. How? 

Ansicer. They have a vote ; there is uot a single man disfranchised from voting. 
Question. They are disqualified. 

Answer. From holding office under the Government of the United States. 
Question. And laboring under this disqualification, they are not on an equality with 
their fellow-citizens f 
Anstcer. No, sir. 

Question. Therefore they cannot take any position in politics, and ought not to be 
held resi>onsible for those who may take a position in politics. 

Answer. Do you mean to say that they ought not to be held responsible for outrages ? 

Question. Ought to be held responsible for their own acts, but not to be called upon 
to exert an influence, when they are not allowed to hold a position. 

Answer. I think it is the duty of every citizen of the Government of the United 
States to do what he can to suppress violence in any community in tvhich he lives. 

By Mr. Van Thump : 

Question. Would you not consider the mere right of voting as a very poor compensa- 
tion for a disqualification from holding office? 

Ansicer. I was a major in the confederate army ; I went into the war and fought the 
best I Imew how; I came out and accepted the situation, and I think I can live under 
the Government. 

By Mr. Blair : 
Question. But you had your disabilities removed ? 
Answer. After I came out of the war. 

Question. And you found yourself in a condition to accei)t office ? 
Answer, No, sir, I did not desire any office. 

Question. I am not asking you as to your desire ; but you found yourself in a condi- 
tion to accept it ? 

Ansxver, I did not ask for the removal of my disabilities ; they were removed under 
a general biU. 

Question. Was there any general bill removing disabilities from the people of 
Alabama ? 

Ansiver. There was a general bill removing disabilities from all persons in Alabama 
who took part in framing the convention under the reconstruction acts. 
Question. Removing the disabilities from certain persons ? 
Answer. Yes, sir. 

Question. And you were among that number ? 

Answer. Yes, sir. ' 
By the Chairmax: 

Question. Is it the opinion of those men who are disqualified by the eonstitutioiial 
amendments that their disqualifications can best be removed by disrcfjardiuic the 
rightsof other people? ^ o o 

Answer. No, sir ; I do not say that. 

(?MC8<jon. How do you connect these iiroceedings, then, with the existence of those 
disqualifications? 

Answer. I think the people of the State desire these disqualifications removed. 
Question. Those who were under disabilities ? 
Ansicer. Yes, sir. 

By Mr. Blair : 

Question. 1)0 not the mass of people of the State desire that to bo done ? 

Ansicer. 0{ course they do ; Ido not think there is anybody in the State of Alabama 
01 any party opposed to the removal of poUtical disabilities : there are but very few, at 
any rate. ^ y ^ j > 



ALABAMA. 



23 



By tho CiLilRMAX : 

Question. lias the existeuce of these political disabilities anything to do with the 
causing of these outrages ? 
Ansu'er. I think it has. 

(Jucsthn. Do you mean that the men laboring under those disqualifications prompt 
these outrages as a means of bringing about amnesty to tlu'm!?elvt*s ^ 
Anm'cr, Xoj sir. 

By Mr. Blair : 

Question, You mean that if their disabilities were removed they would exert an 
intiueliee which they do not now feel called upon to exert ? 

An.'iivcr. I think if these men were relieved from their disabilities they would make 
better citizens of the Government than they are with the disabilities resting upon them, 
because they would then feel that they were upon a political equality with all their 
fellow-citizens. 

Ijv ^Ir. Van Trump : 

Question. And they feel it particularly severely when the colored race is put over 
them politically ? 

Answer. I think they have had a great deal to do with that thing themselves. 
Questio)t. Originally they had ? 

Answer. They refused to have offices under the Government, and allowed these men 
to come in and take them, and now they are nuid because they cannot get them. 

By Mr. Pool : 

Question. Do you mean to say that if conviction were had upon tho testimony of wit- 
nesses, and punishment shotdd follow the conviction, the friends of those ctmvicted 
would retalinte upon the witm^sses, and in that way ])roduce (li.stur])anc('s / 

Answer. I can only say what I havo heard, and that is that the rumor in the country 
generally is that if men go before that court and testify in l egard to these riot<^rs, and 
they are" convicted, vengeance would be wreaked upon witnesses. 1 jnilge that from 
the very fact that ^Ir. Cockrell did go there as a witness, aiul was beaten as soon as he 
returned, and nearly killed. 

Question. With sueh a sentiment existing in the comunniity as that, is not the pro- 
gress of justice retarded ? 

Answer. 1 think so. 

Question. That apjdies to these political offenses ; I understand you to say it does not 
apply to ordinary olfenses, such as assault and battery, *\;c. 
Answer. No, sir. 

Question. Could a republican meeting be held in Eutaw for the discussion of political 
questions in quiet ? 
Answer. I think not. 

Question. If an election should be ordered by your legislature for any pui7)ose, within 
the next six months, and a canvass should begin, is^it likely that the jjresent state of 
quiet would continue ? 

Answer. You could not get a man to be a candidate on tho republican side of the 
question in Greene County. 

Question. He would be afraid ? 

Answer. Of course he would. 

Question. And your hope is that the two years without an election will work a cliaugt* 
»in xniblic sentiment ? 

Answer. That is my opinion. 

Question. That is, if all that is past shall be allowed to rest, and nobody be punished 
for it ? 
Answer. I think so. 

By Mr. Blair : 

Question. You say that this man Cockrell was beaten because he went down to Mo- 
bile as a witness ? 
Answer. That is the general impression in the county. 

Question. There was an examination here last winter, and some seventy or eighty 
witnesses were examined before this eommitt(M\ There was an examination of wit- 
nesses in regard to Tennessee a year or two ago in Congress. I believe there has been 
i'ov the last four years a sort ofV'hronie examination of witnesses about atfairs in the 
Southern States. Now, have you e^ cr heard of any other witness but Cockrell being 
injured for testimony that he has given { 

Answer. For testimony that he has given before Congress F 

Question. Did you ever hear of any witness in any examination that, has taken plaec 
while you were in Congress — I suppose there must have been four or live hundred wit- 
nesses altogether — have you heard of any one of them being injured / 

Answer. There were none of them from my ferate ; I have never heard of any being 



24 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 

interfered with in North Caroliua, or in any other State from whence witnesses Lave 
been summoned here. 

Question. Do yon not know that there was a great point made in both Houses of Cou- 
*;ress hist year, and great apprehension expressed by Senators and Representatives that 
onr proceedings should bo kept secret lest these witnesses should be disturbed ? 

Answer. Yes, sir. 

Question. That pretext was set up ? • 

Answer. .Yes, sir. 

Question. You recollect that f 

Answer. Yes, sir. 

Question. Now, the testimony has been published by the authority of Congress, and 
it has goue back home where these witnesses live. Have you ever heard of any wit- 
ness being disturbed for what he has testilied to ? 

. Answer. I have never heard of it ; I have not paid any particular attention to North 
Carolina. 

Question. And this is the solitary case of a witness being disturbed? 
Answer, Tliis happened but shortly since. 

By Mr. Pool : 

Question. I understand you to say that the bare fact of a witness coming into court 
and testifying would not call retaliation upon him; but if the olfender should be con- 
victed and punished upon that testimony, then retaliation would follow? 

Answer. That is my opinion. 

Question. The mere investigation would not call retaliation upon a witness, while 
the punishment of the offender would ? 

Answo'. Yes, sir ; and the simple fact that Cockrell went to Mobile as a witness, 
although he gave no testimony, brought down upon him a sound beating as soon as he 
got back. 

By Mr. Blair : 
Question. How do you know that ? 
Answer. I judge so from what I have heard. 

Question. You do not know that from your own knowledge — you do not know that he 
was beaten from your own knowledge ? 

Answer. No, sir; but it is generally conceded by every one there, democrats and 
republicans. 

By Mr. Pool : 

Question. Have you ever heard it denied ? 
Ansiccr. No, sir. 

By Mr. Van Trump: 
Question. Are you a practicing attorney ? 
Answer. No, sir; I am a planter. 

Question. Have you never heard, in regard to cases in courts, of witnesses havin<r 
been maltreated and injured for the testimony they have given ? 

Ansiccr' No, sir ; I think not. I am a planter by occupation, and have had verv little 
to do with law. x ; j 

By Mr. Ste\t:nson : 
Question. I underetand you to say that you are a native of Alabama? 
Ansxca: Yes, sir; I was born and raised within a mile of where I-now live. . ' 

Question. You were in the confederate army ? i 
Answer. I was. 

Question. Did you hold any office before the war ? 
Answer. No, sir. 

Question. Then you were really under no disabilities? 
Answer. No, sir. 

.v.iiT.i^^: it stated here in the "Congressional Directory" that the vote in your < 

nent',"lG,540Tis ''''''''' ^'^^ ^^^^^^^^^ ''^^'^> ^PPO' ^ 

iTZ'L ^xv'lV """'^ «iajority at the election before that was about 16,000. 
Question. Was there a full vote at the election in 1868 ? 
Answer. I do not think there was. 

Anm-!^^^^^^^ ^'^^^"^ s^^^ ^^^^ elections ? 

vote a «ll l^fo rl^ n^^^^^^^ ^''^^^ ^ g^^^t ^^any there would not 

leAl fn the lvZn7A!f P'^t^ "^^^^'^^'J ^'^^ their candidate one\vho had been a 
Wn In li 1^ ""J ""^^^^ people would uot voto for him. I had 

JSmaS^Xf^^^^^^ ^^^^"^"^^ ' ----^-^ ^ythe republicans, a 

Question. The Eutaw riot occurred during the last election ? 



ALABAMA. 



25 



Answer. Yes, sir. I know that a republican speech was not made in Pickens County. 
I think Senat<tr Warner made a vspeech of about half an hour in Tuscaloosa County. I 
think no republican speech was made in Bibb County. I think Governor Smith made 
a speech in Shelby County. The counties of Tuscaloosa and Pickens were not can- 
vassed, for the simple reason that we could not canvass them. 

Question. How was the vote in tho^e counties? 

Jntiwer. It was a xevy large democratic vote. 

(^)U'fiiion, Was there much change from the republican to the democratic side f 
J))Sivc)\ I think there were 168 republican votes given in all Pickens County; while 
at th(^ I'ist election I carried it by about 400 votes. 

(Jnt'sUon. You carried CTreene County in 18(58 by a large majority ? 

AnHU'i}\ Yes, sir; about 2,200. 

Question. And in 1870 it went democratic ? 

Answer. Yes, sir. 

Question. Do the democrats there still express their political sentiments; do they still 
electioui^er freely ? 

Answer. Of course they do. 



Washington, D. C, June 3, 1871. 
Hon. WILLARD WARNER sworn and examined. 

By the CiiAuniAX : 
Question. In what part of the State of Alabama do you reside ? 
Ansivcr. 1 reside at Montgomery, the capital of the State. 

Que^'tion. Have you within the last year or two been through any considerable por- 
tion of that State f If so, will you go on and giv(^ us the facts that have come under 
your ol)sc'rvation so far as they relate to the execution of the laws, and tlic saf«*ty oi 
tlie lives and i)roperty of the citizens of the State f 

Answer. 1 have within the past year been ju'elty generally over the State. During 
the eam])aign of last fall I was through the whoh^ of the uorthiu-n and middle icgion ^ 
of the State. I was in some twenty-live or thirty counties of the State. At other 
times 1 hav(^ been all over the State. I believe 1 have l>een in eveiy county in the 
State. Your questimi is a very general one, and somewhat dilhcult to auswer. 

Question. You say that during the last year you were through the western and UiU'th- 
ern cijunties of the State ? 

Answer. The western, northern, and middle counties. I was in Selma, TaUadega. 
Huutsville, Decatur, Tuscumbia, FlonMice, Moulton, Courtland, Demopolis, Li\ iiigston, 
Eutaw, Tuscaloosa, .and other important towns. 

QneatioM. If, during that time, any facts came under your observation wliich will 
throw light upon the cpiestion I have juit to you concerning the execution of the laws 
and the security of life and property, please state what they are. 

Answer. I will say, generalh^, that uj) to about the 2()th of October last the canvass, 
so far as I was engaged in it or saw it, was a very (juiet and i)eaceable one. 1 sa^^ 
nothing during my canvass in Xortli Alabama but what was peaceable and <]uiet. In 
all that region of country, although many of the ])lac-es I then visited for the lirst time, 
I was treated with as much courtesy as I could (\\pect or wish. The meetings were all 
quiet and })eaceable; at most of them we had discus^sions ; we invited discussion al- 
ways. I was canvassing, of course, as a republican, and for the republican State ticket. 
I was accompanied part of the time by Judge Rice, and part of the time by ( Jovernor 
Smith — sometimes by both. We everywhere invited discussion ; we invited our demo- 
cratic friends to bring forward their representative men, such as they would ])e resi)ons- 
ible for, to discuss the issues before the peopl(\ At very many places they did so, and 
the discussions in the meetings were all friendly and kind, with nothing m<u-e of sharp- 
ness or acerbity than one would witness in any Xorthern State, or sometimes here in 
Congress. Until I reached Demopolis I saw no exhibition of violence or of unusual 
feeling. When I reached Demoi)olis 1 made a speech there to a very (piiet audience. 
After the meeting was over, as I was passing from the stand across the street, a gen- 
tleman whose name I do not recollect, a lawyer there and a democrat, wluun I had 
met and been introduced to in the morning, and with whom I had had a very pleasant 
conversation, mounted on a box at the corner of a store, or on a i^orch, and called to 
m<* by name to stop and hear him make a democratic speech. I replied, Certainly, 1 
v.'ill be very glad to hear you." He hatl his hat on, and iK'gan by saying that he (lid 
not tak(? olfhis hat to anybody except to his God and to the legitimate governor of the 
State ; that he did not take it'otfto his carpet-bag and scalawag inferiors. I thought 
that was not a very mild response to my acceptance of his invitation to stop and listen 
to him ; but I did not take any notice of it, and started to pass on. One of the party 
who was with me, the rexjubli'can senator from that county, at once made a pretty tart 



26 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



rcplv and there seemed to he a chance for a difficulty. I said to him that he had bet- 
ter take 110 notice of it, hut pass along. There was nothing more occurred there. We 
went over to Livingston, in Sumter County, in the western part of Alabama; that is, 
(iovernor Smith, ex-Governor Parsons, and myself. We went to the court-house there 
:in<l held a meeting. Governor Smith spoke first. He was a great deal interrupted, 
and a great many insulting remarks were made, but no violence was done him, how- 
over. He spoke from the door of the court-house. While he was speaking, a man 
came up and stood by him a portion of the time with a large knife in his hand, drawn. 
Other men came in with revolvers on their persons. One man in particular several 
times passed out by him, and pushed out through the crowd in front of him, although 
there were other doors of the court-house open through which he could have gone, lie 
came in in the same way, very much to the interruption of the governor; he walked up 
to" him while speaking, and took up the glass of water which was on the stand, and 
asked him if he did not want a drink of water. The man who stood in the doorway 
opposite the governor had a very large pocket dirk-knife in his hand, which he held 
in a brandishing way; part of the time he held it behind his back. I watched him 
closely, as I thought he was perhaps in liquor, and might attempt violence. I moved 
my chair up close to him, so as to be within reach of him, and gave him to understand 
that I was watching him. He then moved across on the other side of the hall and s.at 
down. I walked across the hall, intending to give him to understand that I was 
watching his movements. I took out a cigar and asked him for a match, which he 
gave me, Du-ectly two or three more men came in inmiediately behind the governor, 
and sat there, armed with revolvers in sight, and interrupted him by remarks, though 
they did not offer any violence. I walked back to one of them — the ugliest looking 
customer there — offered him a cigar, and asked him if he had a match. Ho took the 
cigar, gave mo a match, and after awhile sauntered out. After Governor Smith got 
through. Governor Parsons followed. Ho was interrupted a great deal, but no violence 
was ottered to him. I spoke after him, and was not insulted or interrupted. It began 
to rain, and we adjourned the meeting and went over to the hotel. After we had been 
there a little while four or five young men came over and inquired for Burton, the re- 
publican candidate for lieutenant governor, who was with us. One man walked up to 
him and wanted to know if ho was the editor of the Deniopolis Republican, and he 
answered that he was. It was evident, from the man's manner, that he was in liquor, 
and intended some violence ; his comrades there seemed to understand that. I stepi)ed 
up by the side of Burton, when a comrade of the man — I was told that his name was 
Reno — came up and took him away. Burton then went into the house, and went up 
stairs. I went into a lower room — the office or reception-room of the tavern. Perhaps 
twenty of these young men came in after me. I remained there alone with them, for 
Governor Smith, Governor Parsons, and Mr, Burton had gone up stairs. I remained 
with them some time. They made some slight remarks, and I walked around among 
them and looked at them. They said that they thought candidates ought to treat. 
Finally they dropped out one by one, and went off. After awhile four or five came , 
back, and again inquired for Burton. The landlady came up stairs and said that some 
men wanted to see Mr. Burton. She was crying, and said, I hope you will not go • 
down ; I think they want to kill you, or doyou some violence ; they are in liquor, and 
I wish you would not go down." I said to Burton, " You stay here, and I will go down 
and see them." The landlady said, " No ; if anybody goes down there Avill be trouble," 
She said that she would tell them that Burton was not there. Finally the young men' 
went oft\ I was unarmed ; my usual habit is to go unarmed. I asked Burton if he,, 
was armed, for I was satisfied that they meant violence to him. He said he had a cou- . 
plo of Derringers in his pocket. I said to him, " They may assault you as we go to the * 
depot ; you had better give me one of them." He did so, and I put it in my pocket.^ 
Toward evening wo went to the depot without being disturbed at all. From there we 
went over to Eutaw, in Greene County. Governor Smith, Governor Parsons, and my- 
self were advertised to speak there at a republican meeting. The next morniug wc 
saw posters calling a democratic meeting for the same day, announcing that several of 
the leading men of the State, the democratic candidate for governor, the chairman of 
the State committee, I think ex-Governor Watts, and I think one or two others of the; 
leading men, would speak there. I knew very well that they were not there, but were 
engaged elsewhere ; that it was impossible for them to be there. I told several of niy 
friends that that was unfortunate ; that it was a very significant fact that they should 
call a democratic meeting on the same day with the republican meeting in a county 
like that, and in the then excited state of public feeling. I said I thought it was in- 
tended to make difHculty, or if not intended, that that would be the etfect of it. I 
expressed that same opinion to the sheriff, and said that I thought no prudent, well- 
meaning man, however devoted to his party he might be, would call opposing political 
meetings in a county like Greene upon the same day. I noticed by the posters that 
the democrats Irom all the adjoining counties were invited to come in. But Governor 
Smith sent for the sheriff and for General Crawford, who was in Qommandof the troops 
in the State. The State was made into a military district, and General CraAvford was 



ALABA]\IA. 



27 



in command of the district^ and was tliere iii Eutaw at the time. The governor, the 
bherilf, Gc^iieral Crawford, and myself had au interview together. Some of the older 
citizens, lik(^ Judge Miller, who was before the committee yesterday', and Governor 
Parsons, who knew the peoj^le there very well, stated that there was going to be difii- 
ciilty. I replied that I hoped not. They said they knew the people better than I did ; 
that there Avas a riot in contemplation there ; that the intention was to break up our 
]neeting. We expressed these fears to the sheriff. He said there were a great many 
young men there, and that they had been drinking. I noticed, as I walked abe-nt, a large 
number of young men all armed, most of them showing re^^olvers in plain sight ; tlit y 
were gathered about the saloons. The sheriff said that he could keep the peace. Gov- 
ernor Smith asked him if he wanted the troops to assist him ; there was one comi>any 
of United States troops, under the command of Major Lt^ghton, encamped in the out- 
skirts of the town. The sheriff said he did not want them to assist him. Some one of 
the party said that there wxre evident indications of a disposition to m.-^ke trouble 
there that day, and asked the sheriff if he had not better have the troops. The sheriff 
said, Xo ; the bringing of the troops in here might be construed into a provocation-r 
might irritate the people; keep the troops out of sight, and I will be responsil)le for 
the ])eace. I will keep it, or die in the attemi)t that was his language. I have a 
hundred men here that I have sworn in as deputy sheriffs; they are sol)er men. and I 
can depend upon them." It was evident from his conversation', from the fact that he 
had sworn in a hundred men, that he himself was ai)i)rel!ensive of difliculty. It was 
de( idi'd not to bring in the troops. We then concluded to invite the democrats to a 
discussion. A coumiittee was appointed to wait upon their leading men, iuA'itiug 
ii iendly discussion. Judge Miller, Congressman Hays, and S. W. Cockrell were desig- 
nated as our committee. 

The CiiAiR.MAX. We have had a pretty full statement from Judge ^Miller in referenco 
to that invitation. 

Tht^ Witness. I have here the original note of invitation, together with the reply 
from the democratic conunittee. 
The CiiAiKMAX. You can go on and state it. 

The Witness. The invitation, signed by Judge Miller, Mr. Hays, and ^Ir. Cockrell, 
was as follows : 

Ei'TAW, Octchcr 25, A. D. 1870. 

•■ To the President of the IDemoeraiic CJuh : 

" We propose to appoint a connnittee of two to meet a c(mimittee of two from your 
party, to arrange the terms of discussion for the day, to meet immediatt?l;^ at the cir- 
cuit clerk's office. 

" w:m. :NnLLEK. 

CHARLES HAYS. 
S. W. COCKUEEL." 

To that invitation the following reply was sent : 

Gentlemen : In answer to your note of this date, we, the committee appointed 
by the president of the Democratic and Conservative Council of Greene County, are 
instructed to say, that we do not consider the questions in the present political canvass 
debatable, either as to men or measures ; and that we, therefore, in behalf of the 
democratic and conservative party of Greene Countv, decline anv discussion whatever. 

^^'J. J. JOLLY, 
^'J. G. FIERCE, 

^' Committee. 

EuTAW, Octoher 25, 1870.'^ 

Receiving that reply, we then proceeded to the court-house. The democrats had 
organized their meeting on one side of the court-house, speaking from a stile there 
Avas there. Upon consultation with the sheriff" of the county, who was a democrat, 
we concluded to go to the other side of the court-house, entirely out of their way, and 
organize our meeting. I suggested to the sheriff" that he had better clear the court- 
house, and either guard or 'close all the doors but that from which we spoke. I was 
really apprehensive of difficulty, of danger, of extreme violence. He said he would clear 
the court-house and give us possession of it, and let ns speak from the doors, so that 
Ave would be in no danger excei)t from the front. He failed or was unal)le to do so. 
A party of these young men Avere in the court-house, and he could not or Avould not 
clear them out. These young men were about us and urging us to !?[)eak. They 
seemed to think that Ave Avould abandon the meeting. They got around me and said, 

Go on, General, and speak." We set a table out in front of the vdndow ot tlu^ ohice 
of the cii-cuit clerk. Captain Smith, Avho was a friend. We told him to lock his door 
and keep it locked, and to stay insidt^, so that v.'hateA'cr danger there should be Avould 
be in front. I got upon the "^little table (it Avas about three feet square) aud com- 



28 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



menced speaking. I spoke, I suppose, for an hour. I made, I think, such a speech 
as I always make— kind, conciliatory, with nothing in it that would give of- 
fense to any one. I was interrupted a great deal, and insulted niauy times. 
And hero allow mo to say that the town of Eutaw is the oiily .place in the State where I 
have hei}u seriously intenupted or iusulted. Except there, I never received a personal 
insult in the State ; in fact, I never had an individual come up to me and make insulting 
remarks at any other place. I never was inten^upted in a meeting in any other place in 
the State except hv some drunken man on the outskirts of the crowd, who might cry 
out, That is a dainned lie," or something of that sort. But hero there were about 2,000 
men, I suppose j of that number I suppose 1,800 were colored men. Perhaps 10 or 15 
of tlie wiiites were republicans, aud the rest of them were democrats, mostly young 
men, aud all armed ; you could see the arms on most of them. They gathered on the 
rio-ht aud left of the stand, at the corners of the court-house, and made a great deal of 
iii"erru])tion, so that it was very difficult for me to speak. I kept my temper, however, 
and finally concluded my remarks. While I was speaking one of these young men 
climbed up on the table beside me, sat in the window right behind my back, almost 
touching me, and, fmally, got iuto Captain Smith's room. I felt quite apprehensive 
during the time I was speaking that some of these men might attempt some violence ; 
but no violence was ottered. After I got through Governor Parsons spoke; he was 
treated in about the same way. He made a very kind speech ; I remember that he ex- 
tolled General Lee very highly. After he got through, the white men there, the demo- 
crats, made a call for Hays, who is the member of Congress from that district aud 
lives in that county. He was present with his little child live or six years old. It had 
l)reviously beeu understood between ]Mr, Iljiys and myself that he should not speak, as 
the feeling against him in the county was stronger than against any of the rest of us ; 
ho said he did not desire to speak. But when Governor Parsons got off the stand, a 
number of the young men, democrats, called out for Hays by a general shout. I said to 
Hays — I do not know that he heard me, there was so much noise — ^'Do not get up 
there." He got uj) on the stand ; I was sitting with my hand resting on the little 
table ; he said afterward that he got up there simply to thank them and to adjourn the 
meeting. When he got up there these youug men raised a tremendous ho\ji, almost 
deafening. He stood there, with his hat behind him in his hand, perhaps half a minute, 
waiting for the howling to subside. The republicans, the colored men, were standing 
still, not saying a word. I sat inside on the table. Suddenly a man standing there 
reached up and caught Mr. Hays by the arm or by the coat and jerked him violently, 
either pulling him off the table or obliging him, perhaps, to jump off the table to save 
himself from falling. Thereupon the sheriff seized the man, caught him by the 
shoulders, aud took him rather violently into the court-house hall, as I thought in good 
faith. As he went into the court-house these white young men disappeared from both 
side* of the stand; those on the left ran into the hall, and those on the right ran into 
the court-house ; I thought at the time it was for the purpose of rescuing this man. 
But within a moment shots were fired ; perhaps it was hardly a moment before the 
first shot was fired. I heard them from the left, just over my shoulder from the window. ' 
The table was standing by the window ; the shots were fired just over my shoulder. I , 
had not got out of my seat, but turned around and saw a man come out of the court- 
house hall aud level a pistol at the negroes, who had turned aud fied at the first lire. 
Ho fired aud cocked and fired again, at a distance perhaps of fifteen feet from the 
negroes. I caught up the papers in my hands and walked very deliberately to the' 
wght, in order to get out of the way of the firing. There came around from the right- ^ 
hand side of the court-house a pretty good line of men, thirty or forty, I should ' 
think. They came around all together, and formed a tolerable line across from ] 
the comer of the court-house to the fence, and commenced firing on the negroes,^ 
who had broken down the court-house fence aud were fleeing away as fast as they 
could. These men cocked their revolvers and fired upon them an rapidly as they 
could. I looked at them for a moment, and then w^alked up to them as they were 
firing. I saw some colored men falling on the grass and then scrambling up and 
moving off. I walked up to these men aud held up my hand in a deprecating manner, 
aud said, "For God's sake, stop this." One of them who was nearest to me turned- 
around and cast a kind of detiaut but yet somewhat surprised look at me. One of* 
them leveled his pistol upon us. Governor Parsons, Jklr. Brown, and myself; ho was 
standing about the length of this table distant from us. He leveled his pistol at Gov- 
ernor Parsons. The Governor said, For God's sake don't shoot at me; I have done 
you no harm." The crowd stopped firing and turned their attention to us. Just at 
that instant the sheriff came around with his arms spread out and said, "Stop this; 
stop this !" TJio man stopped for a mOment and seemed to be deliberating whether he 
should shoot Parsons. Ho then saw Mr. Hays on my right; turning a little to one 
side to avoid me, ho threw his pistol down upon Hays and Mr. Brown, who were both 
together, and tried to shoot them. They both sprang behiud me ; I ^aw them getting 
behind mo, aud squatting on the ground to avoid his fire. By that time the negroes 
had beeu driven out of the court-house yard and across the street, where they had 



ALABAMA. 



29 



Stopped and turned, and be<?an to fire back ; a few -were firing back. Just at that 
iDomont I beard somebody call out, Boys, bold your fire !" Tbe firing then ceased. I 
start(Hl and wallvcd out through the crowd right among them. I sup])ose there were 
forty or iifty of them all standing there with their revolvers iu their hands, smoking, 
as they had been firing. 

Qucsiiou. Did you understand that cry to be addressed to the negroes or to the white 
men ? 

Aiisivcr. To the white men ; the negroes were too far oft'; it was addressed to the 
thirty (»r forty white men in the court-house yard. He cried out, Boys, hold your 
fire." I walked out "through the crowd deliberately. Just as I was getting out of tlie 
crowd somebody from behind struck at me and knocked my hat oil"; I just fi^lt tlie 
blow on my head, but I could not tell who it was, for when I turned around his hands 
were dropx)ed, whoever it was. I guess it was pretty lucky I did not know, for the 
bk)W aroused UK^ a great deal and I am afraid I should have lost my se]f-poss(\ssion. I 
turned around to pick u]) my hat. when another man kicked it ; then anotlier kicked 
it : and then the wliole t rowd one after another played foot-hall with it, and kicked it 
across the yard. I started back to get it, when a man by the name of Dunlnp, a dem- 
<K'rat, who seeuKnl to be in accord with tlu^. party there, walked u]> to nu^ and took me 
by tile arm iu a tVii^UiUy sort of way, and said, "General, you had l^etter get away from 
here, or you will get hurt.*' X said, I want my liat first.'' I turned back to get it, 
when somebody ])rought it to me. Dunlap walked by my side half way across the 
street, and then left me, and I went to the hotel. In a few moments I saw the troops 
come on to thci ground. However, before I got to the hotel, as I walked across the 
street, I heard a man say, I s!iw him. " Boys, form a line across the street." Th(}.Y 
turned and formed a line across the street at right angles to the imi)romptn line which 
thry had formed when they first fired on the negroes, .lust as I got to the hotel the 
troops came uj) between tln^ negroes and these men who wer(^ firing, and there the 
matter stop]»ed. That was all that I saw of the afiair myself, exce])ting that as avo 
were walking away from the hotel to go down the strec^t with I\Ir. Cockreli for llie ])ur- 
i)0se of staying at his house that night, I saw some negioes hauling a\v;iy a wounded 
man on a dray. That is, 1 saw ou(^ man within the shalts of the dray, and tlK-re was a 
wounded man lying on the dray, which this man vras pulling down the street. 1 was 
walking down with ( Jovernor Smith and Governor Parsons. I stc^pi^edout inio llie sli'eet 
and asked the man Avhat was the matter; he said the man had Ixm'u shot in t lie riot. I saw 
a bullet-hole in his thigh; his thigh Avas broken. 1 asked him if he conld not get any- 
body to take him away ; lu' said no, that all were afraid to hel]). 1 gave him slo, and 
told him to send for a i)hysician and to liire somelxxly to help him olf. AVe then went 
down and staid all night with Mi'. Cockrell. We left in the morning and look tiie train 
at r^ o'clock to go down to York, on the Selma and Meridian l^aihxuid, intending to go 
Ijack to Selma. We had been advertised to S])eak at Tuscaloosa (*u the second day 
afterward ; but we had all concluded that it would be very dangerous to go there ; that 
it would be at the most inmiinent risk of our liA cs to do so, and that we had better not 
go. 1 adhered to the idea of going for awhile, but they finally prevailed ujion me to 
give it up, and I Avent Avith them as far as York staticm. When T got down there I 
changed my mind, and told them I Avas going back to Tuscaloosa Avhatev(;r the conse- 
<iuences might be. I Aveut back alone ; none of our party Avent Avitb me. I AA cnt back 
to EutaAv the day after the riot, and took dinncn* there. 1 saAV this man Dunlaj) sitting 
across the street in front of a saloon, and recognized him as tlie man Avho had come up 
to me the day before. I Avalked over to him and asked him if his name Avas Dnnlap. 
lie said it Avas. I said, You came up to me yesterday and took my arm and asked 
me to come aAA^ay."' He said, ''Y'es," and seemed to be sonu-AA hat surprised. I said, 
"I recognized that as a friendly act, and I Avant to ackoAvledge it as such." lie said, 
''You Avere in great danger.'^ I said, " I suppose you thonglit so ; at any rate I recog- 
nize it as a friendly act, and want to thank you for it." I Aveut to Tuscaloosa and avc 
held a A ery quiet meeting there the next day. 

Quesilon. How many persons Avere Avounded at that EutaAV meeting? 

Auswer. We have no means of knowing ; the croAA'd scattered at once and the 
Avounded men were carried ofi:\ I haA'e no means of kuoAviug certainly; I only know 
what I liaAc heard from others. Mr. Hays has told me that from the best information 
he could get, picking information from negroes and others there, tlun^e Avere some 
fiity-foiu' Avounded, of AA'hom some three or four, I think he said» had since died. This 
man whom I saAv Avith his thigh broken I understand alterAvards died. 

Qaesiion. You say you had a peaceful meeting at Tuscaloosa ? 

An8iv€i\ Yes, sir." J may say here that tAvo years before I had been at this same toAvu 
of EutaAA', and had been preA'cuted by a mob from speaking. I began making a A^ery 
quiet speech upon old Avhig points, and was interrupted hy a lot of arnu^l m. n in my 
front, Avho said that no damned Yankee should si>eak there. One man said, *'God 
damn him, his coat-tail is too short ; " another man swore that no man Avho woi'e a jilng 
hat should speak in EutaAV ; another man said that no damned Yankee should s])eak 
there. After trying to reason with them, I finally had to give it up. It Avas the first 



30 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



time I had ever been obliged to yield my freedom of speech, and I felt that I would 
rather bo killed right there ou the stand than to abandon it ; I felt it was very much 
like running away from battle in time of war. Finally I satisfied my own self-respect 
by saying that I was in the hands of tho local committee, and would abide by their 
decision. They agreed to give up the meeting. In Eutaw the mob expressed their 
willino-ness to hear Hays, who was a resident of the county, but said they would not 
hear inc. That was in 1868. I went to Tuscaloosa a day Or two afterwards, and there 
the famous Kyland Randolph, who was tho editor of a celebrated paper there, with 
some others, iutennipted Hays while he was trying to speak, and prevented him from 
doin«^ so. They said they were willing I should speak, for they did not expect any- 
thing better from me than to be a republican j but for a native Southern man to be a 
republican was more than they would stand. I declined to speak unless they would 
let Hays speak also. Some of the citizens, among others the president of the Seymour 
and Blair club, came to mo and said, " Our people want to hear you speak." William 
II, Smith, who was at one time a member of Congress, and Mi\ Jamison, both came to 
me and said, We want you to speak here 5 you can do so." I will say that while they 
were interrupting Mr. Hays this president of tho Seymour and Blair club got up and 
appealed to tho mob to let ]Mr. Hays speak. He said, " He has a right to speak ; you 
are doing your cause more harm by acting in this way than he can do it." But they 
would not allow him to speak. They came to me to speak, for they did not want it to 
go abroad that a United States Senator could not speak there. I said to them, " This 
mob is as much youi* master as it is mine ; you cannot control it. If you will get up 
here and say that' I have as much right to speak as you have, that 3'ou will stand by 
me, and that the man who insults me insults you, I will speak." They would not take 
that stand. Finally, however, I said I would speak if Mr. Hays had no objection ; but 
the sheriff of the county sent up word not to speak, for they would kill me on the 
stand, and I finally gave it up. The last time I went over there I was alone, and spoke 
for perhaps two and a half or three hom-s. Mr. Randolph was there at that time, and 
some twenty or thirty leading democrats, who remained there most of tho time, and 
listened attentively to my speech. ^Iv. Randolph remained there a part of the time, 
and listened very attentively to me. After that, during the remainder of the canvass, 
so far as I saw, it was very quiet. 

Qu€8iio)u Was this the only portion of the State of Alabama in w^hich persons were 
not free to express their j^olitical sentiments on either side, let them be what they 
may ? 

Answer. I may say that I never have been interfered with at any point except Eutaw. 
I have canvassed the State three times, and have never been interfered with at any 
other place. But there arc a great many counties in the State, and always have been, 
where it has been regarded that any republican coming there to make speeches does it 
at personal peril. I think now that any man — any republican — who should go into 
the counties of Greene, Sumter, Choctaw, Pickens, Fayette, or Washington to make a 
republican speech would do it at great i^ersonal risk of his life. 

Question, Upon what do you base that belief? 

Answer. From personal observations in Greene County, in Sumter County, and in 
Pickens County, of the temper of the people there ; from the many outrages which I 
am satisfied from the testimony of others have been committed ; from the tone and 
temper of the papers published in those districts ; and from the uixiform testimony of 
republicans who have been in those counties, and who live in them. 

Question, Does that result fiom the general intolerance of republican sentiment 
among the mass of the people, or is it because of the fact to which you alluded in 
reference to Tuscaloosa — the inability to control the mob element in those counties ? 

Answer. I think the newspaper editors and the democratic j)oliticians are mainly re- 
sponsible for the extremely bitter and intolerant feeling which prevails toward repub- 
licans in the State ; and that out of the feeling which grows from their bitter news- 
paper articles and their inllaminatory speeches on the stump and in conversation, flow 
these acts of violence. I think that in Greene County— which, as I am perfectly satis- 
fied, is entirely under the control of the mob, where the law is as powerless as it possi- 
bly can be to punish anybody for offenses of this character — I think that even in that 
county there is a large body, perhaps not ^ majority, though possibly there may be a 
majority, of the solid people of the county who disapprove of these things, and would 
be glad to see the law rigorously enforced and these desperadoes brought to punish- 
ment. But they are as much afraid of the mob as we are. Many of their men, men 
of character, will sit down and talk with me, and deplore all this. They will some- 
times warn republicans of danger and say, "Don't use my name ; my life would not be 
worth a cent if I were known in this matter." They are afraid of tho vengeance of 
the mob, and they arc afraid to take any steps to put it down. The bitterness of their 
utterances is pretty well illustrated by a little incident that occurred on the cars one 
day as I was traveling. A young lawyer of Shelby County, a man of ability and edu- 
cation, whom I had met, came and sat down by me. He expressed a feeling of kind- 
ness to me personally, but speaking of Governor Parsons, ho said, "Damn him j he 



ALABAMA. 



31 



ouf^ht to be liung," I said to him. ''See here, young man, yon have character and po- 
siticni and o£dcc in your county ; you do not believe what yon have just t^aid, and yon 
would not l)e one of a party to han«^ Governor Parsons ; but you make that remark, 
and the mob. when they get drunk, go and carry it into execution ; that is the way tlie 
thing is done." He replied, '' I know that is wrong." Now' that is a fair illustration 
of it. I will give you another one. I lieard the chairman of the democratic >State 
committee last fall, when Governor Smith was making a perfectly legal contest for his 
place as governor, and thought he was in danger and called for some trooi)s, I heard 
the chairman of the State committee, who was a man of ability and a lawyer, say, in 
a speech which he made right under my vrindow at the hotel, ''Governor Smith is in 
no danger ; he need not call for the troops, but he knows he ought to be kill('<l. and 
therefore he is afraid." Noav, when leaders make such remarks as those, the mob, when 
they are inflamed with liquor, will carry them into execution and think they are doing 
right. 

QH(i<t'wn. Have there been any ])roseentions in any of these counties, of which you 
have spoken, against persons for offenses of this character ? 

Jnsirer. I do not know that there has ever been a man indicted for it. An attem])t 
was made in Greene County to lind out who were the nun'derers of some negroi-s there 
some time ago. The solicitor was very vigilant and earn(»st in his work ; but a band 
of disguised men came to his hotel and killed him, and that was the end of it. 

(>n(stion. You have spoken heiH^ of the proportion of whites to c(d(U"ed })ersons who 
attend* (1 that meeting at Eutaw : I think you said that out of tlu^ two thousand i)er- 
sons present there were eighteen hundred who Avere colored men, and that of the whites 
there were probaldy fifteen or twenty rei>ublieans, while the remaindi-r were demo- 
crats. Does that proportion in regard to party relations ludd among the white and 
colored i)ersons throughout tin* State of Alabama ! 

Answer. We Inixo no nH\'>ns of knowing exactly what is the white vot'^ in the State. 
It has been A'arionsly estimrited. I^ast year we ])oiled for (T()V(>rnoi- Smith. 1 think, 
abont 7^^,00() votes, if 1 rceollcet ariglit: but we have no means of knowing wliat ])ro- 
lK)rtion of them were wliite. There is (piite a ditlerence of opinion abont that. We 
can oidy judge by the number of votes that we ])oll in counties v. here there are no 
color<*d peoph' comparatively, for we eariy Counties tliat are all white, with scarcely 
any negroes. I su[i])Ose that of tho-e 7^,000 votes somewhere between 10,000 and 
]S,000 were cast 1)y whites. 

(Juesfiou. I put the (lucstion to you with the view of following it up with the in- 
quiry whether the hostility <»f this moh element to the negTo race is not an.elenu^nt nl 
theso disturbances, as well as j>olitical hostility ? 

Jnstr^r. I'ndoubtedly : the hostility is largely caused by the fact of n(\groes voting, 
and votnig the republican ticket. 

(Jtft 'jthn. Are the counties named by yon the only ones in the State in which you say 
this insecurity exists in reference to fi-ee discussion 1 

^liisn-cr. Judging by the latest test, the campaign of last fall, I should say that so 
fiir as my knowledge and obseiwation Avent, there v>'as no viohmce (^xcept in the coun- 
ties which I have named, altliough ni some of the southern counties of tlie State every 
republican who goes there feels that he does it at great personal risk. I would say that 
even in a large portion of tlie southern counties it is so. 

(Ju('siio)K Can you name some of those southern counties ? 

Answer, I do not remember all the counties that I havt^ already named over; I might 
enumerate them again. 

Question, You spoke of some of the southern comities. 

Answer. Ive])ublicans Avould generally feel that there was more or less of personal 
danger and risk in going into a portion of Ivussell County, for instance ; into parts ot 
Conecuh and Baldwin Counties: perhaps into scmie others which I do not now remem- 
ber the geograi^hical position of. 

Question. You have spoken once or twice of Demopolis ; is that the name of a 
county? 

Answer. Xo, sir : it is the county seat of Marengo County. 

Question. Have there, within your knowledge, been instances of whippings and 
scourgings of individuals in the State of Alabama arising out of the same causes which 
led to the riot of which you have spoktni ■ 

Answer. I cannot testify to anything of that kind of my own jiersonal knowledge, 
only as I have heard of them. " * 

(Jnesiion. Have there been any such whippings or scourgings in that part of the 
State in which you live, near Montgomery ? 

Answer. Xo, sir; that has always lieen a very peaceable and (piiet region. Mont- 
gouK ry and Autauga County, and the region round about there, during the time I have 
lived there, have been as peaceable and (piiet as any portion of the countiy. I have 
lived as a planter in Montgomery and Autauga Comity for tli<^ last live years, and I 
have always said that I have been treated by my neighbors with as nmch kindness and 
cordiality as I Avould cxpeci: in the State of Ohio or anywhere else. 



32 CONDITION OF AFFAIKS IN THE SOUTHERN STATES. 



Question. Has your attention been directed to the effect of the riot at Eutaw upon 
the vote of Greene County ? . ^ 

Ansiccr. Yes, sir; we can calculate in regard to the votes of the counties pretty well 
1)V the number of colored men in the county and the number of white men in the county. 
Greene County gave General Grant over 2,000 majority, though I think no large repub- 
lican meetiiigNvas held in the county ; there mny have been some local meetings. Wo 
have about ij,500 majority in the county ; we expected to have 2,r)00 votes there last year. 
Yet the county went democratic, it was reported, by 35 votes. When the report was 
first received nobody believed it ; everybody thought it was not so. And there can be 
110 question among democrats or republicans, among intelligent, candid men, that it 
was owing to violence, very largely to the riot, that voters were intimidated and kept 
away from the polls or led to vote the democratic ticket. I have no sort* of question, 
I think no candid democrat in the county or in the State but wiiat would admit, that 
if every man in Greene County was left free to vote just as he wanted to,.ju8t as you 
would vote in Pennsylvania or in Missouri, the county would give from 2,000 to 2,5t0 
re))ubliean majority. 

QmaVwii. What has been the effect in the State of Alabama of the passage of the law ^ 
for the puri)ose of punishing these lawless outrages by persons in disguise i 

Anmver. I think upon the whole the effect has been good. While the law has been 
very severely denounced by the members of one party, yet I think upon the whole the 
effect has been to diminish, if not to suppress, violence. What I have said of Greene 
Cwiuty I think is true of the whole State ; I think that a majority of the white people of 
Alabama desire that these acts of violence shall be suppressed, desire peace and quiet. 
I find no one in cither party who, in talking with me, does not denounce such acts- 
The fair-minded ones admit that such things exist, and deplore them. I think when 
you get away from the politicians and get among the substantial men, the planters, 
the business men of all classes, you will find them opposed to these acts of violence ; 
and they would be glad to have any measures taken by the Government that w^ould 
suppress this mob violence and give peace and quiet and security to the people of the 
State ; give freedom of political action ; I have no doubt of that. But the matter has 
come to this point, that everybody is afraid of the inob. No one man wants to set 
himself up against it, or attempt to army power against it, lest he be made a victim. 
It has come to this i)oint in those districts where this mob element most effectually 
rules, that simply to be a democrat is not a protection, if you speak against the mob. 
Y'ou dare not condemn these parties lest you be marked as a victim. 

Question. .If a sub-committee wx^re to visit the portions of your State affected by these 
troubles, would they receive aid from the white i^opulation there in discovering who 
are the leaders of this mobj and who gave encouragement to these lawless acts 1? 

Ansiccr, I think that would dei)end a great deal upon this fact : if they w^ere con- 
vinced that the Government was determined to suppress these acts of violence and 
crush out the mob, and that they w^ould be secure from personal harm, I think you 
would get all the help and aid you would need. But so long as they are in doubt as 
to that they would be afraid to testify ; they would be afraid lest after you went away,' 
and it should become knoAvn that they had testified to facts within their knowledge, 
they themselves would be singled out to be murdered, or have their property destroyed, ' 
or something of that sort. 

By Mr. V^vN Trump : 

Question. Would those individuals, who w^ould be willing to testify under the circum- 
stances you have indicated, be any more alarmed or afraid about testifying there than^ 
here, if the evidence they might give here should be published. ? » 

Answer, I think there would be a little difference, though I think there would not bo^ 
much difference. The only difference would be this : the testimony they might give 
here would not be know^n there for a long time afterwards. But should you go there, 
the fact that they went before you would be known, and the knowledge of their testi- 
mony might be immediate. The danger Avould be of a sudden ebullition of passion 
against them. You can best understand this, perhaps, by a little illustration. I met 
the other day a gentleman, whose name I do not mention from regard to his personal, 
safety. He is an old citizen of the State and a leading democrat ; a man with whonw 
I have had political discussions upon the stump. He gave me some information since 
I have been in Alabama this last time, but ho cautioned me that I must not iiscv his 
• name nor let it bo known that ho gave mo that information, for if it should be known 
his life would not be worth anything to him. Now that man is as heartilv opposed to 
this violence, and as heartily deprecates it and desires it suppressed, as I do, or any- 
body else does. .^.i. 7 7 ^ 

By the Chairman : 
Question. Arc the persons who committed these acts of violence organized? 
A nswer, I have no doubt of it, though I have no. personal knowledge that I could 
testily to ol such an organization. But from all the inform^Uion which I have obtained 



ALABAMA. 



33 



the conviction in my mind is perfectly clear that these parties are organized; that the 
organization exists throughout the State ; and that they rely ui^on that fact for their 
protection. 

Question. Is it your belief that the exposure of the persons who control that organ- 
ization would have a tendency to break it up ? 

Answer. I think it would. They now depend upon their organization, upon theii 
numbers, upon their intimidation of witnesses and judges and juries, for immuuitj 
from punishment. 

By Mr. Van Tru.aip : 
Question. That is your opinion ? 

Answer. Yes, sir; I am expressing my opinion. Whenever you shall convinco them 
that there is a power which can take eo^juizanee of their crimes and punish them, you 
will i)ut a stop to them. And you will find a very large body of peo^de at once ready 
to rally to your support. It is a great deal down there as it was in Ohio when mob 
violence against abolitionists })revailed some years ago. 

Question. The same as mobs between the two political parties ? 

Answer. Only in those times in the North they resorted to eggs and rails, while in 
the South they resort to the scourge and the pistol, the bowic-kuifc and the halter. 

By Mr. Blair : 
Question. When did you go to Alabama to reside ? 

• Answer. In the fall of 18G5. 

Question, Were you not at that time a State senator in Ohio ? 
Answer. Yes, sir. 

Question. Had your term expired then? 

Answer, No, sir. You askctl me when I first wer t to Alabama. It was in 1865, but 
I did not then take up my residence there. I was elected a senator to the Ohio legis- 
lature. 

Question. For how long a time ? 

Answer. For two years. 

Qnestio)i. You served during the term. 

Ansu'er. Yvh, sir; 1 served during the last session, until April, 1867 
Question. When were you elected to the United States Senate as a Senator from 
Alabama ? 

Answer. In July, 1868. 

Question. You had been a resident of Alabama then how long ? 
Answer. Something over a year. 

Question. You served as a senator in the Ohio legislature until the fall of 1867 ? 

yinswer. The last session of that Legislature exi»ired in April, 1867, although my term 
legally did not expire until tlie 1st of January, 1868. My term as senator in the legis- 
lature of Ohio began on the 1st day of January, 1866. 

Question. You were elected in Alabama a United States Senator in July, 1868? 

Answer. Yes, sir; in th(^ latter part of July. 

Question. Was not that a source of a great deal of prejudice against you in Ala- 
bama ? Was not it much spoken of there that you were in fact a State senator in 
Ohio, at the time that yon were elected a United States Senator from Alabama ? 

Answer. I think so. 

Question. I do not mean that the fact was so, but I think I have seen that statement 
made. Was it not so / 

Answer. I know this: I think I may say very safely that there has been a little more 
attack upon me since my speech in the Senate last winter, detailing the account of 
this Eutaw riot, than before. And I think there is some feeling there because they 
think I have been instrumental in making some opposition to Mr. Goldthwaito taking 
his seat. But apart from that — and I think all the democrats in Alabama will bear 
me out in saying so— there is less prejudice against me there than against any other 

• leading republican in the State. 

Question. I do not speak of it as a matter of personal prejudice against you, but as a 
fact that you were, as it were, recent among them, and was so very recent among them as 
to have been a Senator in the State of Ohio within a very brief period before you 
were elected United States Senator in Alabama. That I think would indicate that you 
had perhaps gone there for the purpose of availing yourself of their condition at that 
time to get an office. I think the prejudice against you, so far as I have seen anything 
in regard to it, grows out of that fact, without any rellection upon your character as 
an individual. 

Answer. I think I may say — and as my testimony is to be made public, I will rely 
upon the democrats of Alabama to make" my statement good — I think I may say that 
if I had gone there with the view of seeking othee I should have taken up my resi- 
dence there at once ; I would not have been there for two years incapacitated from 
holding office in Alabama, by reason of retaining my residence in Ohio. I think that 

3 



34 CONDITION OF AFFAIRS* IN THE SOUTHERN STATES. 



is a pretty pood answer to tLat suggjestioii. In the next place, I think it is very well 
known in the conntv of Antanga and in Montgomery, where I live, that I did not take 
any active part in polities, except to talk to my neighbors, who came in to see me. 
I was known as a repnblicau, and in favor of amnesty for the past, so far as the rebellion 
was concerned. I did not attend the county convention, I did not look for a nomina- 
tion I did not try to get into the constitutional convention, I did not try to do anything, 
except to get the i)eople there to make a decent ticket in my county. And when they 
made one whicli I did not think was either decent or respectable, I got on my horse 
and went np to the court-house, and told them that I could not support it, and- urged 
them to make one that was respectable. When I became interested in the admission 
of the State in 18GG, I told them very frankly that if they expected to succeed in Ala- 
bama they must make a better ticket in the county where I lived than they had done. 
So far as I am concenied, I bought property there in 18G6 ; I invested what little I had 
in land there. The leading democrats of the State, among others General Clan ton, 
chairman of the democratic State committee, have como to me and said : ^' General, 
when we talk about carpet-baggers wo want you to understand that we don't mean 
vou ; you have come here and invested what means you had in property here, and you 
have the same interest hero that we have." I think I may say further that if the 
choice had been last winter between mo and any other republican in the State I should 
have received the democratic vote. 

Question. 1 do not think that is at all improbable; but I was not pressing the inquiry 
to that point. In reference to this riot at Eutaw which you have described, I was ask- 
ing these questions because of their bearing upon that narration. • 

Jnsicer. I do not think that was personal to me at all. 

Qucsiion. You say you were there; that you made a speech which you characterized 
as a conciliatory speech ? 
Ansicer. Yes ; I never made any other. 

Qucsiion. We do not know exactly what a conciliatory speech means; it may have 
embraced ideas that were quite obnoxious to the persons present. However, my ques- 
tion w^as more especially to tlie point of whether they did not regard you as a person 
who had been clothed with the office of United States Senator for Alabama, without 
having been a resident of the State for such a time as would entitle you to become a 
Senator; as having been elected by the votes of negroes alone, for their votes, of 
course, carried the State for the republicans. My question was directed to the point of 
eliciting from you whether you were not regarded as an obnoxious person on account 
of your very short residence in the State. 

Ansivcr. I do not think that is true. Of course the fact of negro suffrage, the whole 
system of reconstruction, through which and by which I came to the Senate, all that 
is obnoxious to a large body of the white j)eople of Alabama ; there is no question 
about that. But that being the ease, that being fixed, and somebody to be elected, I 
think I may say without egotism, that the white people of Alabama would be at 
least as willing, if not more willing, to have me represent them in the Senatp as any- 
other republican in the State, whether he be native-born or new-comer. I have had 
vcTy little to complain of personally ; there has been scarcely a i^ersonal attack upon " 
me, as I have said, while a great many people, nearly all the people, let mo alone 
socially very severely, yet I have always been treated courteously. During my five 
years residence in the State, canvassing the State several times, I have never ovea 
been intcTrupted, except in one or two instances. I have had a great many men as 
they stood around me look surly and ugly, and bad ; but I have never had any personal" 
insult offered me. I think that is due in fact to my being open and above-board ; they* 
never have caught mo stealing anji^hing, and I do not believe that they now think 
will steal. I have been open and square in the e5:pression of my opinions ; I have not 
seemed to be afraid of any one or two men ; if I am they do not know it. I have been 
sincerely desirous to let the past bo past. When the war ended I took ground in favor 
of general amnesty ; I maintained that against my own party, honestly and sincerely 
all the way through. 

Question. Do you think the refusal to grant amnesty has been a cause of irritation to. * 
the i)eople of Alabama ? ^ 

Answer. Yes, sir ; I think that has been a mistake, and that it has tended to increase 
the difficulties there. 

Question. Supi>ose the result of the war had been different, if you can imagine such 
a case, and the State of Ohio had been reconstructed upon the same principle as the 
South has been, do you not think that people there would have been bitter and hostile, 
and have made a noise at meetings, if they had had such a condition of affairs forced 
upon them as has been forced upon the people of the South ? 

Answa-. If the people of Ohio had been reared and educated just as the people of 
the South have— in fact, if they had been Southern people, trained to their ideas and 
institutions 

Question. I do not ask that question. But simply take the people of Ohio as they 
are, and reared as they have been. If they had had a government forced upon them 



ALABAMA. 



35 



by the Congress of tlie United States, one so entirely opposed to their views and wishes, 
and Southern men had come iip there and ottered themselves as candidates, being prob- 
ably the only ])(^rsons who were qnalilied to take office under the government forced 
upon them, the rest of the people of Oliio being disqualified, do you not think it 
would have l)een a cause of considerable irritation ? 

Ansmr. Well, if Ohio had gone into a rebellion against the General Government and 
had got whipped, I think the x)eoplo whipped would have felt bad and sore. But I 
would be very sorry to believe that they would have resorted to assassination and vio- 
lence.* I would rather believe that the people of my native State, after they had been 
whipped in a fair fight, would have given up and accepted the situation. 

Question, Well, they might have done it if it had stopped there, and they had not 
been gouged after they were down. 

Ansu cr. 1 will say that I have never met a fair, scpuire, honorable soklier I could not 
talk to. Still there are a great many confederate soldiers who have been drawn into 
this organization which has comniitte<l these acts of violence. 

By ^Ir. V,vx Trump : 
Question. That is your impression ? 

Anniv<)\ That is my impression. I know it from such information as I can gather 
that the instruments of the organization are confederate soldiers. But so far as my 
observation goes of the men who commit these deeds, they are of the worst possible 
class of confederate soldiers ; worse even than the bummers of our Army ; a great many 
of tlicni are men who never were confederate soldiers, never were in the army at all. 
These editors, who are stirring so much bitterness, who. I think, are responsible more 
than anybody else for the extrenu> bitterness that i)revails, are almost without excep- 
tion men who did not do any fighting. 

By Mr. Blaiii : 

Qu(\st(on. When was this organization formed, that you think is in operation there? 

Ansiccr. I do not know that I have a distinct idea when it was formed, froui any 
personal knowledge. 1 know nothing more about it than you know from your inves- 
tigation, and from what yon have seen in the paj^ers, but I should think it was started 
pretty early after the war closed. 

(Ju(>ition, Do you not know that organizations of negroes were made ))rior to the 
existence of any of these organizations * Do you not know tbat the negroes were 
organiz(Hl in what are call<Ml Loyal Leagues / 

Ansn-()\ Negroes W(>re organized into Union Leagues or Loyal Leagues after the 
adox^tion of the reeonstruction policy ; tha-t is the lirst knowledge I ever had of them. 
I never belonged to a league myself. 

Question. Do you not know that the Union League organization preceded the other ? 

AH'<wor. No, sir; I do not. 

Quc^stiou. Is it not the impression through the South that the Union League organi- 
zation was anterior to the other organization ? 

An^iviT. No, sir ; my impression is to the contrary, that what is called the Ku-Klnx 
organization, or s<miething like it. was prior to the organization of what is called tlie 
L^nion Leagues. The l^nion League organization was simply a political organization ; 
there was nothing military about it ; no arming, no drilling ; it contemplated nothing 
in the world but voting. I know of its operations very well, just as I knew of Know- 
nothingism in Ohio, though 1 belonged to neither organization. I was not a member 
of the League, though it Avas a political organization. 

(JucsiioH. In speaking of the result of some of your elections, you spoke of the intim- 
idation of voters, the intimidation exercised by the Eutaw riot, &c. Do yon not 
know that the negroes were in the habit of using intimidation upon x>eople of their 
own color, in order to compel them to vote the radical ticket ! 

Amirer. No such cases ever come under my observation, nor do I remember ever to 
have even heard of any case of violence within my State, of anything more than per- 
suasion and xierhaps personal denunciation. I have heard of cases of personal denun- 
ciation, of saying to a man that he wa.5 a traitor to his race. I never have heard of 
any case of violence. 1 know that in our town of ^lontgomery we had one colored 
man, a hack-driver there, named Levi IToyd. I noticed the announcement in the 
democratic paper there that "Levi Floyd, a colored man, drives hack No. 4 ; he is a 
good democrat and is deserving of all patronage.'' He never was molested that I know 
of. Of course the i^ressure is very strong upon the colored people to all vote one way. 
Yet, I know that in the Grant cami^aign there Avere two or three colored men making 
speeches all over the State for the democratic ticket. I met one or two of them in my 
canvass who were making speeches for the democratic presidential ticket. 

By :Mr. Van Trump^: 

Question. Did you knovr that any of these negToes were armed there at Eutaw when 
you, among others, x)roposed to haVe a joint discussion ? 



36 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Answer, No, sir. 

Question. Tboy were armed, in fact, as I understand you to say ? 

Answer. A few of tliem were armed ; I saw one man who had a revolver. 

Question. I understood you to say that when the negroes got across the street they 
tuvued and lired some shots. , . ^ ^ ^. 

Ansiver. I did not see any of the firing, but I heard some shots frona that direction. 
I could not, where I stood, see a negro ; that is, where I stood speaking to the crowd 
of young men who were firing upon the negroes. I did not see any guns or pistols in 
tho possession of the negroes. , . , 

Question. Do you not know that at the very moment that this white man took Mr 
IIc'ivs by tho sleeve and dragged him down, some ouo in the crowd ordered tho negroes 
to tire ? 

A nswe)'. No, sir. 

Question. Is it not tho public opinion in Greene County that such is the fact ? 

Answer. I do not think that anybody believes any such thing j it is charged'so, I 
know. But tho idea is so ridiculous j everybody know that the negroes were in terror ; 
that all they wanted was to hear the speeches and go home quietly. They were in 
tenor from tho very moment that we went there. We were merely anxious to make 
our speeches and have tho crowd go away. I was praying every moment that they 
mi<5ht ho able to got away without difficulty. 

Question. It was your impression, and the impression of the white republicans with 
you on that occasion, that there was danger of trouble that day? 

A7wwer. Yes, sir. 

Question. Did I understand you correctly awhile ago as saying that right in tho 
midst of that crowd Mr. Hays'^had a child of some four or five years of age If 
Answer. Yes, sir. 
Question. A girl, or a boy ? 
Answer. A boy. 

Question. With him at the time ? 
Answer. Yes, sir. 

Question. Was Mr. Hays one who had expressed fears of an outbreak prior to the in- 
auguration of tho meeting ? 

Answer. I do not remember whether ho had so expressed himself or not. He lived 
in the country some ten miles from there and did not come in until pretty late in tho 
morning, a little before tho committee was appointed to which I have referred. I do 
not remember now what he said, although my imx^ression is that he anticipated dif- 
liculty, and that ho so expressed himself. 

Question. That, as I understand, is the only instance of direct and distinct trouble at 
iv political meeting in all your experience in Alabama ? 

Answer. At any meeting where I have spoken myself. I have heard from tho reports 
df other speakers of other meetings being broken up. 

Question. That little scene at Demopolis did not strike you as very remarkable * 

Answer. O, no. 

Question. Have you not seen worse scenes in Ohio, time and time again, between the* 
iwo political parties? 
Ajmcer. I do not know that I have. 

Question. You were not there during the memorable campaign of 1863 ? 
Answer. No, sir ; I was in another campaign at that time. 

Question. You do not know that all over Ohio political meetings were broken up ? v 

Answer, No, sir, I do not know that ; I was in the Army at that time. I have ha(^ 
rotten eggs thrown at rae in Lincoln County, Ohio. 

Question. You say that yon do not know that there is any great prejudice against 
you among tho white people of Alabama on account of tho shortness of your stay in 
Alabama before your election to the Senate ? 

A nswcr. I do not think there was. 

Question. Do you not know that there was very general comment in tho press of 
^he Stato in regard to that fact ? 
Ans^cer. Yes. 

Question. Pretty severe, too ? 
Answer. Yes. 

Question. And opposition made to you on that ground ? 
tal^out of ^ ^ they thought they could make political capi- 

Question. Would it not bo a point calculated to excite the people, whatever the obiect 
of tlie newspaper was T x t f j 

Answa-. The comment was about as free in Ohio, among my democratic friends there, 
as anywhere in the country. / o 7 

fn-V f!!^'^"- J* l]^'^V'''^^'l''"/I■'"^^' ill regard to so high an officer as United States Sena- 
to. , for a man to be elected from a Stato within a few mouths after he went there, has 



ALABAMA. 



37. 



^4)1^^. I suppose not. 

Question. And it lias produced some excitement against you in Alabama? 

Answer. Still I do not see the pertinencj^ of that, for I have been treated more kindlv 
there than any other republican in the State. I never have had a personal indignity 
offered me, excejit what I have here stated. Of course they could have killed me in 
that crowd. And during my last contest, I have it from the very best authority, indeed 
the chairman of the democratic State committee seut me word, that although they 
should elect a democrat if they could, still if they were obliged to have a republican, 
they Would rather have me. I know that General Chilton, formerly a confederate gen- 
eral, and now of the supreme court, was openly in favor of my election ; he said, " Let 
us elect Warner anyhow : he will do as much good for us as a democrat." 

Question. If I understand you, however ridiculous it may be in your opiuion, it is 
still the fact that it is claimed in Greene County that an order was given to the negrocvs 
to fire at the time that Mr. Hays was pulled down from the stand ? 

Ansiccr. I never heard that there was an order given to hre. The story charged hi 
the Eutaw Whig, a democratic paper there, and which I understand was sworn to be- 
fore the grand jury there, was that Mv. Hays fired the lirst shot. I liaA C seeu that in 
the papers ; I have heard it talkc^d about. JS'ow, ^Ir. Hayes was all the time as cl<)s<^ to 
me as Senator Blair now is, and it would have hevn as impossible for him to have lived 
a shot without my seeing it as it Avould be impossible for Senator Blair to do so now. 

Question. Are you not mistaken as to that particular factf Is it not possible that 
Hays gave the order to lire, although he did not fire himself, as he was pulled off the 
stand ? 

Ausu-er. No, sir. Judge ^liller told me yesterday — 

Quc^'ition. I will merely say that that was the information which I have received since 
Mr. Hays was examined yesterday. 

Answer. 1 never heard that any order was given to fire. I have indeed heard it said, 
and seen the statement in the newsi)ai)ers, that Hayes fired the first shot. When we 
were at Mobile, during the last month, I was summoned a.s a witness to attend the trial 
of these rioters. The district attorney of the United States, as he told me, postponed 
the trial becaiis(^ of the absence of ]Mr. Hays. He said the reason was that he had 
found out that they had evidence to otter that Hays tired the lirst shot, and he 
wanted Mr. Hays's testimony (m that point. 

Question. There Avas an attempt at an investigation of this allair, I believe ? 

Answer. 1 think some nineteen have been indicted before the United States court. 

By Mr. Blair : 
Question. And their trial is now pending? 
Answer. Yes, sir. 

Question. And was recently i>ostpoued ? 
Answer. It was i)Ostponed last month. 
Question. Because of the absence of jNIr. Hays ? 

Answer. That was the reason given by the district attorney ; there were one or two 
other witnesses absent also. 

Question. You have made the statement several different times in your testimony, 
that one of the difficulties in this matter was to get people to testify on account of their 
apprehension of danger from this organization. That idea has been made to figure very 
largely not only in your testimony, but, as you knovr, in th«* deliates in the Striate and 
in the House of Kepresentativcs. It was given as a reason why this committee should 
take this testimony in secret, the fear that the witnesses would be injured upon their 
return home. I recollect very distinctly that that point was made during the debates 
of the last Congress, while you were a member of tlie Senate. I think it was also made 
in reference to other investigating committees. Yet there has always been some ^ 
committee going on ever since the war was over. Xow, I want to know" if you ha ve 
ever heard of any one who testified before one of these committees being injured after 
his testimony was published ? 

Answer. Do I know^ of any one who has been punished \)j these people for the testi- 
mony that he may have given here ^ 

Question. Yes, sir. 

Answer. I do not know of any case. 

Question. You have not heard of any such case? 

Answer. No ; I do not know that I have. I do not know that any witness has evei' 
been sninmoued here from my State. 

Question. I speak of all the testimony that has been given during the last Congress 
•ava\ the Congress preceding tlie last. Testimony was taken' here l)efore investigating 
committees in reference to the condition of th<^ Southern States. An attempt was imide. 
at least in the other House, to reconstruct Tennessee, Testimony was also taken in 
reference to Georgia. Then there was the late North Carolina investigation. All that 
testimony has been published, I believe, and has gone to the country. 



,38 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Answer, I do uot remember that I have heard of anybody being harmed for that 
reason. i_ . 

Question. Under the circumstances, would yon not conclude that it was not quite so 
dangerous a business after all to f^ivo testimony 1 

Anmer, None of these witnesses have come under my personal knowledge; there 
has been no one summoned here ft om my State, that I know of. Of course I know 
nothing about what has occurred in North Carolina and Georgia. 

By Mr. Coburn : 

Question. Has your attention been called particularly to this question of outrages upon 
witnesses ? 

Austver. No, sir; I have not within my recollection now the name of any person who 
has been summoned here. 

By :Mr. Vax Tkump : 

Question. 1 would Jiko to have you give your opinion — I think that would be proper— 
as to what would be the most efiicient mode of arriving at the true state of affairs in 
the Southern States, comprising as they do eleven States,^ with a geo<jraphical area 
almost equal to the half of Europe, and a population of eight or ten millions. Would 
it be better to go there directly as a committee, and look into the affairs there, or stay 
hero and examine comparatively a very few witnesses? 

Answer. My advice would bo to go there. What I would like to have would be for 
this committee to go right to Eutaw, where these very acts I have been testifying about 
occurred. What I want are the facts, and I think that would be the better way to get 
them ; I want the exact truth. If I could i:>hotograph the condition of affairs at the 
South precisely as the Lord sees them I would do it. 

Question. I do not mean particularly in regard to Eutaw, but generally in regard to 
this wliolo investigation. Your opinion is that the best way is to go South ? 

Answer. I think so. 

By Mr. Stevenson : 

Question. You spoke of the apprehension of danger on the part of witnesses. Is there 
not a difference between an investigation like this, a mere inquiry, without any judicial 
consequences to follow it, and the case of prosecuting a man for a crime, which 'j>rose- 
cution might involve his imprisonment or execution ? 

Answer. Undoubtedly there is. 

Question. All these investigations that have taken place here have been mere inqui- 
ries, not followed by any personal consequence to anybody. 
Answer. They amount to not more than a speech. 
Question. Mr. Hays is a native of Alabama ? 
Answer. Yes, sir, of Greene Couuty. 
Question. Is ho not a large landholder there? 

Answer. Yes, sir ; I understand from him that he has some ten or twelve thousand 
acre^ of land there. 

Question. Is the sheriff there, of whom you have spoken, the same sheriff who after- 
wards appointed the officers of election'/ 
Answer. Yes, sir, as I am informed ; his name is White. 

Question. Yon spoke of the prosecutor of Greene County, or the solicitor, whatever 
you called him. 

Answer. County solicitor. ^ 
Question. Did you know him ? ^ 
Answer. I had met him, and had been introduced to him. 
Question. He was afterwards killed there ? 
Ajiswer. Yes, sir. 

Question. Was he a native of the South ? 
Answer. Yes, sir; an old resident of the county. 

Question. Was there anything about him, that you know of, to make him personally 
obnoxious to the people there ? I 

Answer. No, sir ; he was a man of good character, of fair ability ; a reputable man 
lu every way. 

By Mr. Blair : 

Qmcs^iow. You know Judge Miller, who testified before the committee on yesterday ? 
Answer. Yes, sir. *^ *^ 

Question. Is he the United States collector for the port of Mobile ? 
Answer. Yes, sir. 

Question. Ho holds that office now ? 
Ajiswcr. Yes, sir. 

question. And he was here in reference to that office ; there was some effort to dis- 
place him, and he was here to countervail that effort ? 
Answer. I have understood that to bo the case. 



ALABAMA. 



39 



By Mr. Stevenson : 

Question. You spoke of the arms wliicli members of the crowd bad at that meeting ; 
what arms were they? 
Answer. Revolvers. 

Question. Did tliey seem to be new or old, so far as you saw ? 

Answer. I did not' notice that point very carefully ; I saw they shot pretty well. 

Qtiestion. Were they revolvers of much size ? 

Ansiver. Those I saw I should think would be what are called six and eight-inch 
revolvers ; I think I observed some of both sizes. 

By Mr. Pool : 

Question. What was Governor I^indsay's majority at the last election ? 
Answer. He did not have any majority. 
Question. 1 mean his majority as counted. 

Ansiver. It Avas 1,400 and something, as counted. He did not have a majority of the 
whole vote of the State. 

Question. You mean that was what his partisans claimed for him ? 

Answer. That was the result announced by tlu^ lieutenant governor. 

Question. Less than the former republican majority in Greene County alone ? 

Ansiver. Yes; less by 600. His majority was declared to be 1,400 and some odd. 
Ivussell County was not returned at all ; there never has been any returns from that 
county, although it gave Smith 1,400 n publican majority. Washington County was 
not returned for some reason or other ; it gave Lindsay ()00 majority. xVnd in other 
counties, of the votes that were cast some were thrown out, more than his majority, on 
the ground that they were illegal for some reason or other. 

Question. 1 si)eak of the majority claimed by Lindsay's friends. Was any white per- 
son hurt in that Eutaw riot ? 

Answer. Not that I ever saw or heard of. 

Question. If the order had been given to the negroes to fire, would you havo 
heard it ? 
Answer. Yes, sir. 

Question. Could it have been given without your hearing it ? 

Answer. I think not, unless it was given on the extreme borders of the crowd. It 
could not have been given anywhere about the stand, where the firing began, without 
my hearing it. 

^Question'l The sherilT, who took an active part in trying to suppress the disturbances, 
was a d(nnocrat ? 
Answer. Y(\s, sir. 

Question. Do vou know anything about the burning of any school-houses or churches 
in your State T 

A)iswer. Only by report ; not from personal observation. 

Question. Have you heard that they have been burned to any extent ? 

Answer. I have heard from others, and I have seen the statement in the newspapers, 
that several had been burned ; I cannot tell how many. 

Question. What sort of school-houses and churches were they that are reported to 
have been burned ? Those of colored people ? 

Answer. Yes, sir. 

Question. Did you ever hear those reports denied ? 

Answer. I do not remember to have heard nuich conversation about it. I presume 
there has been less of it in our State than in many other States. In fact, I cannot re- 
call now any iiarticular church or particular school-house that has been burned. But 
my recollection is distinct that I have heard of such cases. There has been nothing of 
that kind in the section where I live. 

Question. You stated that you believed there was an organization, a secret organiza- 
tion, at the foundation of these disturbances. W^hat is that organization called in 
Alabama ? 

Answer. It is commonly known as the Ku-Klux organization. 

Question. Do the persons committing the acts of violence of which you have heard, 
go in disguise ? 

A7iswer. Generally. The parties at this meeting were not in disguise. But generally 
the acts of violence are done by men in disguise. 

Question. Have there been any attempts at investigation of any of these disturb- 
ances, b}^ the local tribunals in Alabama ? 

Answer. Yes, sir; an attempt was made in Greene County, by the county solicitor, 
Mr. Boyd, to ferret out the murtlerers of some negroes who had been killed there. 
Boyd went to work with a determined i)urpose to tind out the murderers ; and the 
governor sent over a lawyer to assist him. 

Question. The object was to punish the offenders if convicted ? 

Answer. Yes, sir ; whoever they might be. Boyd was killed while the matter was 
pending, and that was the end of it. 



40 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Question, ^\^lilo the investigation was goin;; on 1 

An8wa\ Yes, sir. ^ x . x- i x • 

Question. Were any of the witnesses summoned on that investigation hurt t 
Answer. 1 do not know ; I cannot ^y. ^ 

Question. Have you ever heard of any witness being injured because of his testi- 

^T?Licer. I heard of ^Ir. Cockrell being beaten, who was summoned to testify with 
me at Mobile. Ho is a lawyer of Eutaw and was present at the meeting when the riot 
occurred. . . . ^ 

Question. Should the county (luthorities attempt an investigation for tho pui-pose of 
indicting and punishing the persons committing .acts of violence in the disturbed dis- 
tricts, do you suppose tho witnesses would feel safe to testify there ? 

xinsica\ No, sir. 

Questien. Suppose that, whether safe or not, they should testify, would they be in 
danger ? 

Answer. I have no doubt they would be in danger of personal violence, and of their 
lives. I have no doubt that in the counties I have mentioned, particularly in tho 
counties of Greene, Sumter, and Pickens, any witness who had information of one of 
these outrages, and who should testify to that effect, would be killed. 

Question. Suppose that a witness, or a half a dozen witnesses, should disclose, upon a 
preliminary examination, that they had knowledge and proof sufficient to insure a con- 
viction before a petit jury whenever tho trial should take place — their being men of 
character of course would be an element of weight in the testimony — would those wit- 
nesses be safe in tho county during the time between the investigation and the trial 
afterward to take place ? 

Answer. I think not, in the counties I have mentioned. 

Question. Do you think they would ever be allowed to appear at that final trial ? 
Answer. I think not. 

Question. Is that the reason why justice cannot be obtained against theso men ? 
Ansiver. That is one very strong reason. 

Question. Do you, from your own knowledge of the people in the community there, 
suppose that these turbulent people rely upon that fact ? * 

Answer. I have no doubt of it. I would say that this young Cockrell, who I believe 
is to testify here, was brought out of the county and to Washington, as I heard, to save 
his life. Tho district attorney, Mr. Southwick, said that it was important that young 
Cockrell should be got out of the country and kept safe as a witness. 

Question. Suppose a section of this committee were to hold a session in the town of 
Eutaw, and summon a number of witnesses, who should appear and testify clearly as 
to the guilt of several individuals in that county of these Eutaw murders, then sup- 
pose that that fact should become known, would they bo safe in the county after the 
committee left ? 

Answer. I think if they testified as to individuals having committed specific crimes, 
if they furnished information that might lead to their prosecution and possibly con- 
viction, and that should become known there, they would not be safe; but if they tes- 
tified generally as to the commission of crimes^ without designating any individual 
they might not be disturbed. 

Question. You think as long as they testified about no one by name they might get 
along in safety ? 

Answer. Yes, sir. 

Question. But if they should name individuals they would be in danger ? 
Answer. Yes, sir. 

By Mr. Blair : 

Question. Some questions have been put to you based upon suppositions ; now do you 
know of any case ever having occurred in those counties where men have been i^'ose- 
cutcd for their lives and witnesses have been killed fbr testifying against them ? 

Answer. I do not know of any case of prosecution. 

Question. Then it is simply a matter of supposition with you ? 

Answer. It is, and of opinion founded upon threats made, and upon at least one out- 
rage upon a witness which has come under my personal observation, and of which I 
have information. 

Questwn. You have heard of one witness having been struck and beaten ? 
Answer. Yes, sir. 

Question. That is tho amount of it ; that witness is now living in Eutaw, is he not ? 
Ansicer. At the last accounts which I heard he was living, although in a critical con- 
dition. 

Question. Do you not know that it is stated that he was not beaten because ho was a 
witness ? 

Answer. 1 never have heard it so claimed. 

Question. Was it not so claimed in the Eutaw AVhig ? 



ALABAMA. 



41 



Ansicer, I do not see that paper ; I do not know it was so claimed. 
Question, I have here an article copied from that paper in which that statement is 
made. 

Answer. I have not seen it. 

Question. Tiien that one instance, occurring in one of these counties, and threats that 
you have heard of in other counties, lead you to suppose that witnesses would not be 
safe ? 

Ansicer. That, and the general opinion of everybody living in those counties with 
whom I have conversed. Even 3Ir. Hays, who lives in that county, when he wrote me 
an account of this Cockrcll affair, bogged me not to use his name, as he was living there 
in momentary danger of attack. I know that is the case with parties in all sections. 
They send k'tters without signing their names, but giving means of identifying them in 
other ways. 

Question, ^[ay not that be just exactly the same sort of pretense Avhich is made in 
Congress here about summoning witnesses here ? In the dc^.bate in tln^ Senate that 
was made a great point ; yet a week aft<^rwards the re])ort was made public, disck)sing 
everybody's name who testified. Is not ^Ir. Hays's letter, and the reports of other per- 
sons there, equivalent to these Congressional specclics ? 

Answer. I do not know. 

By :\Ir. Van Tkump ; 

Question. lu your examination-in-ehief yon said that this company of United States 
troops, under tlie command of Major Leighton, came up about the time the negroes had 
been firing, and stopped the Avliole thing. 

Answer. Yes. sir. 

Question. How long a time had intervened from the commencement of the firing to 
the time Avhen the troops came up ? 

Ansicer. Tender such circumstances, in a scene like that, which was the wickedest one 
I ever saw, it is impossible to estimate time. 

Question. Was it a short time? 

Answer. Yes ; I should say ten or tifteen minutes. 

Question. How far was tlie c;inip of tli(» troops from the court-house ? 

Aimver, I should say about three-fourths of a mile. 

Question. Then the troops must have been stationed somewhere near the meeting, so 
as to be in readiness for a difliculty ? 

Answer. They were, I suppose, within a half or three-quarters of a mile. Troops on 
the double-quick would come that distance in a short time. I walked out there in the 
morning, and suppose that it w\as from a half to three-quarters of a mile from the 
court-house. 

Question. Was it pretty geherallj^ known to the people that you had taken General 
Crawford into consultatioii in regard to holding these meetings ? 

Answer. I do not know that they knew it; that was not the fact. The meetiug was 
called without my knowledge. 

Question. Eithei' you or Judge Miller, on yesterday, stated that General Crawford 
was in consultation with you about holding the meeting there. 

xlnswer. He had a consultation with the slieriff about preserviug order. 

Question. The sherilYknew that he had been talked with upon the sul^ject ? 

Answer. The governor. General Crawford, th(^ sheriff, and myself, talked together 
there. The governor and the general both asked the sheriff if he needed assistance in 
prc^scrving order. 

Question. Then the probability is that the crowd more or less had cognizance of the 
fact that the general had been consulted about keeping order there with his troops. 

Answer, I do not know; I have no information upon that point ; the sheriff may have 
told them. 

By the Chairman : 

Question. You mentioned an instance in which one prominent member of the demo- 
cratic party had given you some information, and requested that his name should be 
kept secret. Have any others of the same party made the same request of you ? 

Answer. Not at that time. 

Question. At any other time ? 

Answer. I do not recollect any other instance. That impressed me at the time as a 
noble example of an old citizen. 

Question. Did the manner of his information, and of the circumstances, satisfy you of 
his ai)])reliension ? 

Answer. Yes, sir ; the circumstances were these: the circuit judge of the circuit, 
who is n re}>nblican, and a very good man, wrote to this man to know whether it would 
be safe for him to come to his'town and liohl court. This lawyer, who is well known 
all over the State, wrote to him that it would be. This is what he tells me himself. 
He said that after he wrote that letter he- thought perhaps he might be mistaken^ and 



42 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



he conclutled that he would go ronnd town a little and make inquiry among the boys, 
and see if there was any such feeling as would render it dangerous for Judge Smith to 
go there. He said that \^hen he came to inquire lie was satisfied that it was not safe 
for Judge Smith to come there, that his life would he in danger. It was in that con- 
nection that he begged that his name should not be used, or that the matter should not 
be made public ; for he said that his life would be in danger, if it was known that he had 
stated that much. 

By :Mr. Coburn : 

Question. You have said that it would have been unsafe or impossible to make a re- 
publican speech iu certain localities. Would it be equally unsafe to make any sort of 
a political speech ? If not, will you state what kind of political speech might be made 
iu safety ? 

Answer. A democratic speech could be made anywhere, at any time. 



Washington, D. C, June 3, 1871. 
WILLIAM E. COCKRELL sworn and examined. 

By the Chairman : 
Question. Where do you reside ? 
Answer. In Eutaw, Greene County, Alabama. 
Question. How old are you ? . 

Answer. I am sixteen years old; going on seventeen. 

Question. Were you with your father as a witness in the United States court, in Mo- 
bile, a few weeks ago ? 
Answer. Yes, sir. 

Question. In what case were you taken there as a witness ? 
Answer. In the case of Robert Hamblett and others. 
Question. For what were they to be tried ? 

Answer. For the riot at Eutaw that prevented Mr. Hays from speaking. 
Question. Was your father there as a witness in the $ame case ? 
Answer. Yes, sir. 

Question. When was it that you went to Mobile as a witness ? 

Answer. The last time was in April last, I believe ; I am not certain as to the time. 
Question. W^cre you returning homo with your father ? 
Answer. Yes, sir ; on the steamboat Cherokee. 

Question. Tell us now whether that boat was visited by any persons, and whether 
they beat your father; tell us what they said, and all that occurred at that time. 

Answer. We went up on the Cherokee, and when we got to the Eutaw landing, where, 
we had intended to get off, the water was all over it, and we could not land there 
we then went on up to Finch's Ferry ; as the boat was going to stop there all night, 
wo concluded to stay on the boat till morning; it was three miles, from there to town, 
where we lived ; while we were sitting there in the cabin a crowd of men, some seven 
or eight, came in ; I did not know but one of them ; Jo Reynolds was one that I knew; 
we sat there while they came in ; they passed by us, and asked for Judge Smith ; no 
one answered them, and they went up to the clerk's office, but they did not find his^ 
name there ; while they were in the clerk's office pa got up and went back into the cell 
or berth, where he slept ; they then came out ; I was standing by the clerk's office 
when they came out, and they asked where my father was ; I told them I did not know 
where my father was; I knew they were up to mischief; I left them then and wxnt 
around to the back door of the cell or state-room to tell pa about it ; the back door was 
fastened; he had it barred ; I called to him, but he did not answer ; I then went out 
on the upper part of the boat, and was looking out, when all at once I heard a great 
noise; I ran right in, pa was out of the state-room, and a man was striking him ; tho^ 
fellow AVaddell was striking him; I did not know him then, but pa told me who it 
was ; Waddell was the one striking at him ; I never had seen him before, and did not 
tlien know him ; and Jo Reynolds struck him on the back of the head with a pistol as 
he was backing back. 

Question. What did they say? 

Answer. Waddell, every once in a while, would say, "You drew your pistol on me." 
Pa said to him, " I did not do any such thing." Then we come on right out of the boai 
and left, and went up home. 

Question. Did they give any reason for making this attack on your father ? 

Ansifer. No, sir. 

Question. Did you hear any reason given by them on the boat ? 
Answer. No, sir ; 1 did not. 



ALABAMA. 



43 



By Mr. Blmr : 

Qiiesiion. You heard this man charge your father with drawing a pistol on him ? 
Anffwer, I have stated that. 

Question. You heard him charge your father with drawing his pistol on him ? ^ 
Answer. Yes, sir ; and i)a told him he did not. 

By Mr. Van Trump: 
Question. Did your father liave a pistol ? 
Aimrer. If he had, I did not know it. 

By the Chairman : 

Question. When they asked where your father was, did they say why they wanted 
him ? 

Answer. Xo, sir. 

Question. Was Judge Smith expected on that boat ? 
Answer. Yes, sir. 
Question. Wliatfor ? 

Answer. To come up there and hokl court. 

Question. Was there a court in Eutaw that week ? 

^Answer. Yes, sir. 

Question. Who heUl the cdurt? 

Ansiver. Judge Pelham came up in his ])lace. 

Question. To what extent was your father injured ? 

Answer. lie was badly hurt where Keynokls struck him on the back of the liead with 
his ])istol ; lie bled a great deal. 

By :Mr. Van Trump : 
Question. I thought you said Waddell struck him ? 

Answer. Waddell was before him striking him; and when he was backing back 
Reynolds struck hiui on the back of the head with his pistol. 

By tlie Chairman : 
Question. Was he wounded and bleeding ? 
Answer. He bled i)retty freely. 

Question. Was he eonliued to his bed from his injuries? 
^inswer. lie staid in bed one day afterward. 

Questi&n. Were you i>resent in Kutaw at the time the riot occurred there 1 
Answer. Yes, sir. 

Question. And that was the reason you were called as a witness ? 
Answer. Yes, sir. 

Question. Is this all you know about the transaction on the boat at the time your 
father was lun t I 

Answer. Yes, sir; all that I recollect. 

Question. Do you know whether your father had a pistol or not ? 
Answer. I do not know^ ; I did not see him with any. 

By Mr. ConURN : 
Question. You were with him after the transaction ? 
Answer. Yes, sir. 
Question. You saw no pistol? 
Answer. Xo, sir. 

By the Chairman : 
Question. Were there other witnesses on the boat ? 

Answer. There were two men on the other side ; I do not know whether they were 
witnesses or what they were ; but they came down to attend the trial. 
Question. Were they returning on the same boat with your father ? 
Answer. Yes, sir. 

Question. If witnesses, were they for the Government or for the defendants ? 
Answer. For the defendants. 

(^)uestion. Was this Heynolds one of the party who had been indicted ? 
Answer. I do not know whether he was indicted or not. 
Question. Had he been down at Mobile ? 

Answer. Yes, sir; but he left before we did, and went to Eutaw. 
Question. Was Waddell one of the party to be tried at Mobile ? 

Answer. Xo, sir ; he came over from Eutaw with a hearse bringing a body to b^ 
buried ; and the river rose so high that he could not go back the way he came, and 
had to go down by the boat. 

Question. Have you any knowledge of the reason wky they beat your father ? 

Answer. Xo, sir. 



14 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 

By Mr. Blair : . , 

Question, Your father has recovered f 
Answer. Yes, sir ; now. 
Question, Is he at homo in Eutaw ? 
Ansicer, Yes, sir. 

By Mr. Stevenson : 
Question, How old is your father ? 
Answer. He is forty-six, I believe. 

By the CnAmiAN : 

Question, ^\hy did.you come to Washington ; were you subpoenaed to come here as a 
witness 1 

Answer. No, sir ; I received a telegi*am to come. 



Washington, D. C, June 3, 1871. 

ARTHUR A. SMITH sworn and examined. 

By the Ch.urman : 
Question. Where do you reside ? 

Answer. 'My residence is now in Choctaw County, Alabama, about six miles from 
Mount Sterling, and about eight miles £i:om Powell, the county seat. 
Question. What is your occupation ? 
Ansxver. I am carryiug on a plantation now. 
Question, Did you formerly reside in Greene County ? 
Answer. I did. 
Question. Up to what time ? 

Answer. I have not been there since about the 20th of December last j I cannot now 
give the exact date when I left there. 

Question. Were you in Eutaw on the day when the two political meetings were held 
there in October last ? 

Ansicer. I Avas. 

Question, We have already had some descriptions of the riot that occurred there, and 
do not wish to encumber the record with much repetition of testimony. If you know 
any facts which show that there was any preconcert of action for the purpose of pro- 
ducing a riot there, will you state what they are ? 

Answei'. Nothing more than the posting of the handbill for a democratic meeting 
there after the handbill for the republican meeting had been posted, together w4th the 
manner in which it was posted. At the time it led us to believe that it was for no 
good i)urpose. The poster was signed by no one, and it was posted in conspicuous 
places during the night. My office was in the court-house. We had a place in the 
passage-way of the court-house for posting bills. Wlien I .left there at night, about 
sundown, there was no bill posted there ; when I came back there in the morning, 
about seven o'clock, there was one XK)sted there, and also one in the probate office. 

Question. Were you the clerk of the court at that time, with your office in the courts 
house ? i 

Answe}\ Yes, sir. ^, 

By Mr. Stevenson : 
Question, Do you refer now to the night before the meeting ? 

Answer. No, sir ; I remember that Major Leighton arrived there with some United 
States troops on the 13th day of October, and this was the night before he arrived. 

By the Chairman : - 
Question. Were any declarations made, during the progress of the meeting, which 
showed an anticipated disturbance? If so, state what declarations were made aud 
who made them. 

Ansicer, I was in my office while the speaking was going on ; the stand was right in 
front of my office; .1 was sitting cn a table something like tliis, in the center of the 
room ; a deputy sheriff, named Hugh L. White, came in there while Governor Parsons 
was speaking; ho said, " Smith, you will see the damnedest row here in a little while 
that you ever saw iu your life." I said, I guess not." After the aftair occurred I 
thought that, perhaps, indicated that it was an understood thing. And other tinners 
went to show that it was a preconcerted plan. Afterward a friend of mine said that if 
he had thouHit I had bc^en in any danger, being there in my office v>^hcn the firing 
commenced, lie would have sent for mo and had mo come away. 

Question. Were there any other facts to show a preconcert ? 



ALABAMA. 



45 



Answer. None, of my own personal knowledge, more than the clay prcvions to the 
meetin*]: I saw a man by the name of Perkins fixing up his gun in his store. I do not 
know that that would be regarded as any indication. 

Question. Did he take any part in the proceedings of the next day ? 

Ansxccr. I could not say, of my own personal knowledge, that he did. 

Question. Did you hear any one advise to wait before firing, that the time had not 
arrived yet ? 

Answer. Tliat was a man named Robert Ilamblett, who drew a derringer when Par- 
sons was speaking, and said, ^' Let mo kill the God-damned old son of a bitch." That 
was his language. Three or four grabbed his arm and held it up, and several of them 
said, Don't shoot yet ; it is not time." And that quieted him down. After the first 
shot was lired, then I heard a man say distinctly, Go in, boys; now is your time." 

Question. Who was he ? 

Answer. Colonel J. J. Jolly. And let me say hero now that he w^aa sitting with his 
back to me ; he was sitting in the window, and there were one or two men between 
him and me. I could not swear to him, only from his voice, which I knew very well. 
I believe it was his voice that I heard make that remark. Immediately upon that the 
general firing eomuHMiced. 

Question. What relation did he hold to the meeting—was ho a republican or demo- 
crat / 

Answer. He was supposed to be c democrat ; he spoke in the democratic meeting. 
Question. Was this at the republican meeting ? 
Answer. Yes, sir. 

Question. The democratic meeting had then adjourned ? 
Answer. Yes, sir. 

Question. Can you state any other facts, within your knowledge, to show that vio- 
lence was ]>renieditated there, or have you stated all that yon knov/ ? 

Answer. There was a man who came from Hale County, an adjoining county, the 
day ait<M-, and said that he met some men coming from Eutaw and going back to 
Greensboro ; he met tliem at the river, and heard thenl say they had been over 
tln're and made the radicals jump once, and would again if they hatl a nuM^ing." 

Question. Were vou summoned as a witness to attend the trial of the parties at Mo- 
bi]<> ? 

Answer. I was subpo(Pnaed at Demo]iolis, upon the examination befiu-e the United 
States commissioner. That examination was postjioned, on acecmnt of tlu^ absence of 
ini])ortant witnesses, until the '^()th day of December, at Mobile, the time the grand 
jury wiM'e to meet. I was subjiipnaed to attend there. The examination was wai"S'ed 
before the United States connuissioner, and 1 was summoned to serve on the grand 
jury in the United States c(mrt. 

Que>ition. Having been summoned once as a witness, did anj" of the parties charged 
with the riot make any threats to deter you fnnn attending ? 

Answer. When the warrants were issued for t]ies<' ])arties — I think there were twelve 
of them — aflidavits were made before the United States commissioner and warrants 
issued fi)r thr'ir arrest; that was prior to the election some time, when the circuit court 
was in s<'ssion. A deputy marshal camo there expecting to arrest tln' parties. I, being 
the clerk of the court, the^- made known to me who were the parties. No others in 
the county knew for whom they had warrants. I assisted them as much as I could in 
identifying the ])arties. The grand jury of the county was in session at the time, and 
they investigated the case somewhat. 1 was sunnnoned as a witness before the grand 
jury. Having on a former occasion been before the grand jury of the county in a very 
aggravated case, I did not like to go before them this time. I told my brother, v/ho 
was the judge of the court, that, if it was possible, 1 wished he would assist me in 
keeping away from the grand jury. He said very frankly that he could not do so ; that 
if I was subpcenaed I would luive to go before 'them. I was subpoenaed to go before 
the grand jury on the last day of the session of the court to give evidence in regard 
to this riot. Before giviug my testimony I told the grand jury that I had given testi- 
mony in the case of the assassination of T5oyd ; that they had taken a solemn oath not 
to divulge anything that transpired within the jury -room ; and yet not three days 
had passed when my testimony was known all over the county. I told them I would 
rather go to jail than give my' testimony there, unless it could be kept secret. They 
assured me that it should be as secret as the grave, and I gave my testimony. About 
three days after that, immediately after I came l)ack from Demopolis— the court ad- 
journed on Saturday, I went to Demopolis on Monday and returned on Tm^sday — U])on 
my return, word was sent to me from one of the parties against whom I had given tes- 
timony that he intended to shoot me on sight. He was bailitf, acting for the court at that 
time. After three were arrested a great many fled and went into the woods, thi^ bailifi:* 
with the rest. Some arrangement was then elfected by which these parties could come 
back to toAvn. This man came iuto my office to get me to certify for his pay as ])ailiir, 
I was in there by myself; I said to him, ''John, I understand that you said you were 
going to shoot mo on sight; now, this is the first time we have met, and this is as good 



18 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



a chance to do it as any ; and if you can shoot quicker than I it is all right." He said 
that perhaps he had said so ; but he was drunk. " But," said he, " there is one thin^r, 
YOU will not be permitted to testify before the United States grand jury." I replied, 

We will see about that." I told him that his kind of men, when they came face to 
face with a man, did not seem to do very much. I talked to him in that way— I do not 
remember exactly what I said— to give him to understand that I vas not particularly 
afraid of any one of them. That was the only threat made to me personally. Of course 
I heard rumors that I would be assassinated, &c. 

Qucsilon. Were you at Mobile ? 

Jimccr. I was ; 'l served on the grand jury. 

Question. Were you there at .the time Mr. Cockrell was there as a witness ? 
Answer. Yes, sir. , . • 

Quesiion. Do you know anything about his being beaten on his return home ? 
Anm'ej\ Only from hearsay. 

Question. Were you present in Eutaw at the time the assault was made upon Mr. 
Burton, the candidate for lieutenant governor? 
Juswer. Yes, sir. 

Question. State the circumstances of that assault. 

Jnswa-. That was after the election, some time. Mr. Burton was the editor of a 
republican paper in Demopolis. By an act of the legislature he was designated as the 
county printer, not only for.the county of Marengo, in which Demopolis is situated, 
but also for such other counties as the probate judge might designate. He did the 
county printing for Greene County. He came to Eutaw on some business connected 
with the probate judge, some collections. The train arrived at noon on Saturday. As 
Judge Davis, the probate judge, was not there, he (Mr. Burton) waited till Monday. 
On Monday morning I went to my office. I boarded Avith Judge Davis. Mr. Burton 
and Judge Davis came to my office ; he went into Judge Davis's office first. There 
was a great deal of restlessness on the part of several men outside. That was some- 
where about ten o'clock, I think, ISIr. Burton came once to my office. I saw a great 
many men whom T knew io be desperate characters walking about, and apparently 
watching for him; I saw them on the strec^ts, with their revolvers buckled on. I told 
lilr. Burton that I feared there would be trouble, and asked him to keep with me. I 
told him I was going across the square, to the office of Mr. Cockrell, who was a lawyer, 
and asked him to go with me. We walked along down there, and, after doing my 
business there, I told Mr. Burton I had some business with Judge Miller, who was at 
the probate office at that time, and if he would wait at Mr. Cockrell's office until I 
could go over there and attend to my business, I would come back and go down with 
him to take the train at 12 o'clock. He said he would do so, and I went up to Judge 
Millci-'s office. I was a little longer than I expected to be doing my business. In the 
mean time Mr. Burton started back alone. What I am telling you now about the lirst 
attack upon Mr. Burton is what he told me himself; I did not see it. As he was going 
along a man came up with a large stick and asked him if his name w<as Burton ; he- 
replied yes ;'* he then asked him if he was the editor of the "Republican," and he 
said " yes." Upon that he deliberately struck at him with the stick with all the power* 
he possessed. Mr. Burton dodged the blow, and the force of it turned him around. 
Mr. Burton had a little derringer in his pocket, which he then pulled out and cocked. 
The man pulled out a revolver. I^iurton said to him, " Who are you, and what do you 
wantf He replied, I want you to put up your pistol." Burton said, "Put up yours, 
and I will put up mine." He put up his pvstol, and Burton put up his. They then" 
separated and walked off. After Burton had walked a little distance, this fellow raui 
up behind him and struck him over the head and knocked him down. Burton says, 
that is the last he remembers of what took place then. An old negro, who was stand- 
ing there and saw it all, told me that after the fellow had kuocked Burton down with 
his stick he pulled out his pistol and snapped it at him, but it did not go off. He then 
clubbed him with the pistol, inflicting wounds which I afterwards saw. The fellow 
then ran off with a hoot, saying, " I've finished him." As I came from the probate 
office back into the court-house — there was a passage-way through the court-house ; I. 
came in at the north door, my office being on the south side — I met Mr. Burton coming 
into the door, reeling and staggering, his face all bloody, and head all cut. There 
were two men there, and I asked who had assaulted him. They said they did not 
knou'. ^Ir. Burton was not conscious what he was about at the time. He was bleed- 
ing very badly. After he had sat in my office a few moments, I saw that he was growing 
faint. There were perhaps fifty people in the street. I took Burton by the arm to 
help him to the house, which was about half a mile distant. I walked with him down 
over the same ground over which he had come ; wo went right through the angle ot 
two streets. As I was walkin^^ along there were on each side of the street men with 
revcdvers in their hands, and I heard several voices say, " Let us finish him, the damned 
eon of a bitch." I stopped and pulled out luv revolver, and told them that I would 
kill the first man that approached us. They then stopped. Wo went down home, I 
having to carry him a great deal of the way. When I got to the house he could not 



ALABAMA. 



47 



stand. I immediately sent for the doctor. He came there and said Burton was in a 
dangerous condition/but he thought that perhaps he would get over it. A negro was 
sent for some pl^ijsters, and a man named Hard way sent word back by the negro that 
if Burton did not aie, the doctor should give him something to kill him. 
Qucniion. Ho\v did you learn that ? 

Ansircr. The negro boy said so. Then Judge Davis told me in the evening that a 
former judge and some other men had told him to say to me That they intended to come 
down ti) The house that night and kill Burton, and that if I resisted them they intended 
to kill me also; I sent back word to those >uen that I was prepared for them, that I 
should resist them, and if they came there 1 intended to light them to the last; they 
did not come. Burton had a sister living at Mobile ; I telegraphed to her and to some 
of his friends, and she came up two days afterward with a gentlemen friend to take 
care of him and get him away as soon a^s ])ossible. Going up on the train some man 
from Eutaw, John D. Steele, asked him if he was going to Eutaw; he said '' yes he 
then asked him if he was going there to get Burt()n away ; he said he was ; the man 
then said that he had better not do it, because they did not intend to let him get away 
alive. 

By ^klr. Van Trump : 
Question. This is hearsay I suppose. 
Ausivci: The man himself told me so. 
/ 

By tlie CiiAimiAN : 
Question. What was the motive for the attack? 
Ausim\ I cannot tell. 

(Jucstiou. What did the man say to Burton f 

^Insnrr. All the conversation was this: The man asked him if he was named Burton, 
and if he was the editor of the Kepublican. 

(Juc-sUou. Do you know the man who assaulted him ? 
^InsH-cr. Yes. sir. 
(^htef^ihu. Who was he ? 

Jn.Hircr. He was a man counected with the printing of the pa])er ])ublished in Eutaw 
called the Whig and Obsiuwer ; I do not know Avhat he was doing on it. 
(Question. How soon was this after the election ! 

An^u-cr. I think it was from the ."Slh to the 10th of DiM cmlHr ; 1 will not be certain 
as to the exact time. 

Qtu'L-t'to)K Had Mr Ihirton been particularly obnoxious in any way, politically or 
personally / 

Auhiccr. No, sir: there was uothing objectionable in the articles ])ublished in hisnews- 
])aper. He uever used i\w name of the uum who as.saulte(l hiui to my certain knowledge. 
It was always supposed that Mr. Burton did not know the man.. 

Quc^iion. Was the man an-ested 

Auiinrr. No, sir. 

(Jiiestion. Was any information laid against him ? 

^Insivtr. It was dcme right in the face and eyes of the sheritY; I know the sherifl' was 
right in town: I do not think there was any atlidavit made against the party ; Ire- 
member that ^Ir. Burton said to the judge of probate, Judge Davis, that if he would 
issue a warrant he might consider it sworn to by him: l)ut h(,' never njade an atlidavit 
against the x^^^i'ty — not a regular affidavit, signed; I do not think there ever was a 
warrant issued for his arrest. 

Question. Did the assault occur in one of the principal streets of the town ? 

Answer. liight by the court-house S(iuare. 

Qnedion. What is your syst(Mn of administering civil justice : have you subordinate 
magistrates to take information ? 

Ansivcr. The probate judge is also the county court judge ; he has criminal jurisdic- 
tion. 

Question. Was his duty to issue warrants originally ? 

Ansu-er. It is his duty or the duty of any nVagistrate to issue a warrant. Ibit this 
was a ease of that character that it involved felony, and the county judge had no juris- 
diction for trial. His jurisdiction extends only to cases of petty larceny, misdemeanors, 
and affrays. In this case the i)arty would have to be bound over to answer an indict- 
by the grand jury. 

By :Mr. Vax Trump: 
Question. In another court? 
Answer. Yes, sir ; in the circuit court. 

Question. The probate jtidge had power to examine and commit? 
Ayiswer. Yes, sir. 

By the Chairman : 
Question. Was this case ever examined by the grand jury ? 



1^ CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 

Answer. The case occured in December. A court was held there a short time since, 
and 1 liavc been informed by young Cockrell, who is here, that this man is still at large ; 
I do not know from my own personal knowledge. 

Question. What were the party relations of this man who assaulted Mr. Burton j was 
he a democrat f 

A7mrei\ Oh, yes ; he is noted as a very desperate character. 

question. Was he one of the parties engaged in the riot there T 

Ansicer. Yes, sir. 

Question. One of the defendants ? 
Ansicer. Yes, sir. 

Question. Has Mr. Burton recovered from his injuries ? 
Answer. Not wholly. 

Question. What knowledge have you derived from persons who have made complaint 
to you while you were the circuit court clerk of whippings and scourgings that have 
occured in Greene County ? 

Answer. My position there is circuit clerk, before whom by the laws of the State no 
complaints could be made, and I could not issue warrants. Several persons came to *^ 
me and asked rae to show them where they could make complaints ; a great many have 
told me of scourgings and whippings, though not all that occured, I suppose; I know 
that at the commencement of the court last fall three parties came to my office, from 
the northern part of the county, and said they had been badly beaten ; my brother 
was there at the time, and the gi-and jury was in session ; he immediately called the 
attention of the county solicitor to the case, and had them subpoenaed before the grand 
jury J nothing was done, however, in regard to the matter. 

Question. From information thus derived will you state how many whi^jpings have 
occurred in that county ? I do not ask you to give the details, but to state generally 
the number of whippings that have occurred. 

Answer. There was the case of those three persons; then a man by the name of Cave 
Davis; I do not think I can recall more than six cases within the last year. 

Question. Have any persons been convicted in the county for any offense of that char- 
acter ? 

Answer. No, sir ; not up to the time that I left there. 

Question. How were these whippings represented to have been inflicted ; by persons 
in disguise ? 
Answei: Yes, sir. 

Question. By any number of persons ? 

Answer. All the way from live or six up to 25. These three men, or two men and a 
woman, who came to my office, said that there were some 20 persons came to thcii 
house.. 

Question. In the day-time or at night? 
Answer. At night. 

Question. IIow long have you lived in Choctaw Cbunty ? 
Answer. Since about the 1st of January. 

Question. Have you any knowledge of the assassination of Mr. Boyd in Eutaw ? 

Answei\ 1 was there at the time ; I know that he was killed, but I have no personal 
knowledge of the manner in which he was killed. I saw him in the morning before 
he was laid out ; I was among the first to see him in the morning. I did not know of 
it during the night when it occurred. 

Question. At what time was that ? 

Answer. It was on the 31st of March, 1870. The sheriff told me that he saw the par- 
ties ride into town. * 
Question. Did he arrest any of them? ^ 
Anstcer. No, sir. 

Question. Did he make the attempt to arrest them ? 
Answer. No, sir. 

Question. How many did he say there were? 

Ansu'cr. He told me that there must have been forty : I think that was the number 
ho estimated them at. 

Question. Did the sheriff understand why Boyd was assassinated ? 

Ansicer. He never told mo, if lie did. 

Question. Did he say why he did not arrest the parties? 

Answer. He said that it would have been folly for him to have attempted it. 

Question. W ere they armed ? 

Answxr. He said they were armed to the teeth. I asked him why he did not let 
Judge Davis and myself know it. He said that he did not know why. The fact of the 
business was ho h^t a lew men know of it who would bo the last to do anything like 
pursuing at night, iimnediately after it occurred. Judge Davis and myself, and Squire 
Lockrell \y lo were the only white republicans there, or who professed themselves to 
be such, did not know anything of it until the morning. 

Question. About what time of the night did it occur? 



ALABAMA. 



49 



ylnstcer. The sherilf said it was fifteen iiiiuutes before 11 o'clock 
Question. Wliat is the populaiiou of that towu ? 
Atmcer. From 1,500 to 1,800. 

Question. If there were any disposition to arrest men of that kind in a town of that 
size, could a posse have been summoned at that hour of the night sufficient to have ar- 
rested some of them ? 

A nsu-er, I think so ; I remember that one old citizen there, Chancellor Clark, a prom- 
inent lawyer, asked the shcritf why he did not sununon a posse. The sheriff said luv 
eould not'hnve got anybody to have gone with him. The old chafre(dlor said, " I would 
have go]ie myself." 

Question. Is Chancellor Clark living there now ? 

Answer. Yes, sir ; although he is a very old man, still he follows his profession as a 
lawyer. 

Q\icstion. How old was Boyd 1 

A usury. I should think he was in the neighborhood of thirty years of age. 
Question. Was hl^ a native of Alabama ? « 
Answer. Yes, sir. 

Question. Was any reason assigned for his murder ? 

Answer. Yes, sir f there were several reasons assignied for it. One reason was that 
some iifteen years ago he and another man, a sou of Judge ^liller, got into a difiieulty 
with a young man by the name of Charner Brown, and Brown was killed. ^Ir. Boyd 
was arrested and convicted for the killing of that man, and sentenced to till', peniten- 
tiary for a number of years ; I canTiot say exactly how many. After hv, liad been then^ 
a short time the jury who sat upon his trial, with other i)ersons, j>etitioned to the ex- 
ecutive for a commutation of his sentence, and lie granted it. 1 think the governor at 
that time was Governor Winston. Instead of holding Boyd to his sentence they r<?> 
leased him after twelve months in the jail. During the war Boyd served in the con- 
federate army, not voluntarily I think ; I think he remained out until hf thouglit h< 
would be conscripted if he di\l not go. He went into a sort of home guards. He Avas 
(dected or appointed, I am not certain whicli, as solicitor of the county. It has been 
claimed by some that his murder was in retaliation for tho killing of Brown fifteen 
years before; although the jury who tried him had petitioned to th<' governor and got 
ins sentence commuted. Another reason given was this : i)rior to the :Ust of ^larch, 
some time during the first part of the year, a man by the name of Snoddy was killed ; 
two negroes were arrested for the murder, and had a preliminary examination and 
were committed to jail to await the finding of the grand jury. A short tim<' after they 
were committed to jail ; whether they escaped or were taken out I cannot say pos- 
itively — they were out of jail. One of them I think was found dead not long after, 
and soon after that the father of one of those men who had been committed to the jail, 
an old man, against whom there was no evidence implicating him in the murder, was 
found hanging to a tree. Mr. Boyd, beinj^ the < ounty solicitor, had taken extra pains 
in the case, and had shown a great deal of earnestness in obtaining evidence to convict 
some i)arties of the hanging of this old man. 

By :Mr. Van Trump : 
Question. Were these parties white or black ? 

Answer. The man who was hung was black ; the man whose body was found was 
black. Snoddy, who was killed, was a white man. The persons committed to jail 
were negroes, and the father of one of the men committed to jail was found hanging to 
a tree. Mr. Boyd being a man very eager in ev(;rything he undertook to do, if he had 
the least idea of success, could not keep it to himself. He did not hesitate to say that he 
had evidence sufdcient to convict certain parties of the hanging of this old man, and 
that he intended to keep the grand jury in session for six months but that they should 
find an indictment against them. He told this to me as clerk of the court. I said to 
him, If you have such evidence as that yon had better keep it to yourself." The land- 
lord of the hotel where he boarded said that Boyd told him the same thing in the 
hotel, in the presence of some of the very parties against whom he had evidence, and 
in a short time after that ho was killed. 

By Mr. Pool : 

Question. Was the grand jury in session when he wa.s killed? 
Ansxver. No, sir. 

By the Chairman : 
Question. You have heard those two causes assigned for his being killed? 
Answer. Yes, sir. 

Question. Has any one been arrested for his murder ? 
Answer. No, sir. 

Question. Was the subject investigated by the grand jury? 
Answer. Yes, sir. 

4 



^ CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



QhcsUou, Was tliere any identifieation of persons connected with the murder? 

Answer. No, sir. In their report to the court the whole idea they conveyed was that 
the parties came from an adjoining county. They did not* deny that he was killed hy 
^ Kn-Klux, or disguised persons, but they conveyed the idea that the persons came from 
an adjoining county. 

Question. Where had this man Brown lived? 

Jnsu'cr. In Greene County, some twelve miles from Eutaw. 

By Mr. VAN'ltiUMP: 

Quesiion. Did you say the grand jmy repoiled as a reason for not finding an indict- 
ment that the parties came from another county ? 
Ansiccv. They conveyed the idea that the parties came from outside of the county. 
Question. Was that the reason assigned ? 

Answer. I suppose they could not find an indictment against parties out of tho 
county. 

Question. Nc^t for a crime committed in the county ? 

Answa'. Not if the parties lived out of the county. 

Question. Did they give that as a reason for not liuding an indictment ? 

Answa-. No, sir; not as a reason, though it was a reason. They could not identify 
any of the parties ; but all they said was,' that in their opinion they came from an ad- 
joining county. 

Question. What was tho reply of your brother, the judge, to that ? 
Answer. He had the report of the grand jury filecf and put xi])on record, and, of course, 
he had no reply to make to it. 
Question. Yon think not ? 
Answer. He did not make any reply. 

By the Chairman : 

Question. Will you state what you know about the state of affairs in Choctaw 
County ? 

Answer. I was there after January, on my plantation ; my brother has a plantation 
there of some four thousand acres; he is also a judge of the circuit court. I was there 
at tho time tho judge of probate was shot ; I did not see him until the next morning ; 
he said he was shot at about 3 o'clock on a Saturday afternoon. I saw him the next 
morning ; I can only give you his story ; I can state that ho was woiyidcd in the arm. 

Question. What is his name ? 

Answer, F. M. Hill. I had seen anonymous letters that he had received ; I have seen 
one since then warning him that if he did not Vacate his office he would be killed. 
Question, Did he make any statement to you on the next morning after that occurred ? 
Answer. Yes, sir. 

Question. What was his statement ? 

Answer. He has a plantation some ten miles from the county seat; he i& in the habit, 
on Saturday nights, of driving out there to spend Sundays; he. went through a littlo 
village, of the name of !Mount Sterling, and was going down a little hill, sitting in his 
carriage, driving with his left hand ; he is a large, portly man. As he got near the 
bottom of tho hill he heard the crack of a rifle and felt a littlo sting in the arm, and, 
turning his eyes, saw a man behind the fence, with his rifle sticking up through the 
fence. He could not identify the man, though he could see that there was a man there, 
and could see the rifle. He had no weapons with him, and immediately drove over the 
creek and went to a doctor, and had his wound dressed. The bullet made a flesh- 
wound ; I saw him tho next morning. » 

Question. W^as there anything to show that that attempt at assassination was con- 
nected in any way with the discharge of his duties as probate judge, or with his 
political opinions ? 

Ansiver. Nothing that I know of. He had had previous warnings to vacate his office 
or ho would be killed. 

Question. What is there to show that that was more than an ordinary attempt at 
highway robbery" or murder ? • ^ 

Answer. There is nothing in the thing itself, unless you connect it with the warnings 
which he had had. 

Question. Is that all you know of that case? 

Answer. It was investigated before the grand jurv, but no indictment was found. 
Question. He could not identify the man ? 
Answer. No, sir. 

By Mr. Van Trump : 

Question. That is tho reason no indictment was found ? 
Answa-: Yes, sir. 

By the Chairman : 

Question. What other occurrence do you know of in that county bearing upon the 
subject of our investigation as to the security of life or property ? 



ALABAMA. 



51 



Answer. Immediately after my brother and myself left the plantatioD to go to Mobile 
to attend the trial of these Eutaw rioters, my brother's giu-housc, en<^iue — he had a very 
line one — <;rist-mill, press, about five thousand bushels of cotton seed, inttMided to l)e 
converted into meal, the bridge which crosses the creek -which divides our plantatioris, 
a very large creek, and about half a mile of fence, were burned. The bridge was not 
burned entirely: it was set on hre but put out before it was entirely destroyed. AVlien 
I came np froin Mobile, I went to the plantation to investigate the facts of the casi'. 
The men on the i)laee said that they tracked tour men to the gin-house from across the 
bridge; also, that from that point* they tracked lifteen horses and nmles np to what 
is called the eross-roads, som(> eight miles from the jdace. They also said that ther<^ 
was an old negro man who saw and counted lifteen men passing nj) there Just about 
daylight, going on north towards Sumter County. AVhether those iu<'n did this or not, 
Ave cannot say. But wo know that the buildings were set on lir(\ because they were 
burned on a Thursday night, and the engine h;id not been used since thr Saturday pre- 
vious, and there was no tire anywhere about tho buildings. 

Question. Have thei'e been any whii)pings in Choctaw^ County ? 

AnsHrr. No complaints have been made to me |)ersonally. except in one ease. A man 
on our place was summoned to ap]>ear belbre th<' court. I sent a note by himto go by the 
way of Mount jSterling, and get our mail on his return. He went for th(^ mail, and 
his report and that of others to mo was— then- were two other colored men witli him — 
that he was set upon and beaten by aV»out twenty-live men in the jdace. 

Quesiion. Wen^ they masked or in disguise / 

AiiHirer. No, sir. 

(Juestion. That was his statement about it ? 
^liisirer. Yes. sir. 

(JiHstion. Have tliere been any proceedings in the county to compel the resignation of 
olhccrs f 

Ansiver. I was not prc^scnt at any meeting f(H- that purjjose, because I had just gone 
to our home, at the time of the resignation of the sheritf ami adjournment of the 
C(mrt when my biother was hohling it. Pc^rhaps I should say souK^thing about that. 
My brother conmienees liis court in Clioetaw County. Prior to the meeting of tlie 
court the slieritf told my brother that he intended to resign ; that he did not think \ui 
could hohl court there, the ])eople were so exeit<*d. He was urged not to resign, and 
linally Dersnaded not to. The court was connn<'nced andhehl the lirst week with good 
success and in qui(4. The court was held on the Monday and Tuesday of the see(jnd 
week. Tuesday evening there was a great deal of disturlKince in the town. A 
great many men came in there, and there was a gnnit deal of boisterousness about the 
town. 

(Question. What was the cause of this excitement or disturbance? 

Answer. I eaimot tell you; it was the intention probably to break up the court. This 
was on Tuesday. The judge sent the sherilf out to stop the noise, and if the parties 
did not stop the noise to bring them into court. The sheritf went out and they were 
cpiii^t. After the court adjourned they were about town cursing the dannu'd radicals, 
and very noisy most of the night. Wednesday morning the sheriif handed in his resig- 
nation to the court, saying that he was no longer sheritf, thereby blocking the wheels 
of the court, and the court had to adjourn. 

(Jiustion. Was the sheritf a republican or a democrat ? 

Answer. He was a republican. The judge asked the reason for his resigning, and he said 
that he had very reliable information that they iutiended to break uj) tin; court, and he 
could not keep order ; so he would resign. Inmiediately after the eoini adjourned, an 
indignation meeting, as they called it, was h(;ld. The chairman of the meeting, as he 
took the stand, stated that the object of the meeting was to pass resolutions re- 
questing the officers of the county, of tln^ circuit court, and of the district, to resign, 
and if they did not resign to take them out of their ollices. One man there by tlio 
name of Wiley Coleman, a lawyer and a democrat, and a very good man, came into the 
meeting and made a speech there. He told them that they would be sorry for that 
day's work ; and he introduced some resolutions, w^hich were adopted, a copy of 
which I have in my pocket. 



Washington, D. C, June 5, 1^1. 

ARTHUR A. SMITH, examination continued. 
By the Chairman : 

Question. Was the proceeding narrated by you, at the close of your testimony on 
Saturday last, followed by the resignation of any of the officers of that county f 

Answe): I do not know that it was the result of that meeting — it might have been 
because of an anonymous letter that he received — but the tax-collector of the county 



52 CONDITION OF AFFAIRS IN TllE SOUTHERN STATES. 



resigned his oflTico. That vras tho only one, I thinlv. I am not advised as to whether 
the probate judge has resigned ; he told me he should resign. 

QifC8iion, Are you at present clerk of the circuit court m Greene County? 

Ansicer. No, sir. 

Question, Has your term expired, or did you resign? 
Jtmccr, I resigned. 

Quc8tio7i, For what reason ? . j, 

Answer, For tjio reason that I could not live there m safety. 
question. What prevented you from living there in safety ? 
Answer, Violence. 

Question. Were any threats made against you ? 

Aimve)', There have been several anonymous letters sent to me. About the first of 
the year, after I left there, several people, who were friends to me as far as they could 
be, told my wife by no means to allow me*to go back there, because I would not be 
permitted to go from tho train to my boarding-place without being assassinated. 

Question, Was that on account of your being a witness, or having participated in 
that meeting? 

Answer, I have been told by several lawyers, particularly by Chancellor Clark, who 
is a leading lawyer there, that, so far as my official conduct there was concerned, there 
was no complaint against me. It may sound a little egotistical on my part, but he 
told me to my face that I made the best clerk they ever had there ; they had nothing 
against me— that was before I was a witness ; that they had nothing against me, only 
that I belonged to the usurping party. 

Qiiesiion, Did he communicate to you any desire that you should resign? . 

Answer. Not at that time ; no, sir. 

Question, Do you know of any school-house having been burned in that county? 

Answer. I do. I was county suiieiiutendent of education for that county. I not only 
know of school-houses having been burned, but of men having been driven from the 
county because they were teachers in tho colored schools. 

Question, When did that occur? 

Answer, That occurred in the last of 1869, and during the year 1870. 

Question, Did you, in your official capacity as superintendent of schools, make any 
investigation into those cases ? 

Ans^ver, I called the attention of the grand jury to them, and gave the names of sev- 
eral witnesses to be subpa?naed. I know there was no result of the investigation, so 
far as any one being even indicted or arrested. 

Question, How many school-houses were destroyed in the county ? 

Answer. I now recollect five that were destroyed. 

Question, By what means were the teachers to whom you refer driven away ? 

Answer, I had teaching there two young men from the North, and one who was not 
a noi-them man. Not only were threats made to them personally, as they reported to 
me, but they were given so long a time to leave the place where they were ; and one 
man, who came from Circleville in Ohio — I think that was the place — told me that he , 
v/ould have to leave for fear of personal harm ; and he did leave. 

By Mr. Van Trump : 
Question, What was his name ? 

Answer, His name was, I think, S. E. Haynes. He was from Circleville in Ohio ; I 

think it was in Greene County. 

Question, Circleville is in Pickaway County. < 
Anstcer, The other man was from Indiana. His school-house was burned, and a^ 

note was left, telling him he must leave there within a certain time, or he would be 

harmed. 

Question, Are you as distinct in your recollection that it was Circleville, Ohio, that 
this man Haynes came from, as you are that it w%is from Greene County ? 

Ans^ver. I will not bo positive as to the name of the town ; I am sure that it was in 
Greene County, Ohio, and I think it was Circleville. I have letters in my possession^, 
which would give the information. His name was S. E. Haynes, or S. A. Haynes. ^ 

By tho CiiAiRMAX: 

Question. How are your grand and traversb jurors selected ? 

Answer, The probate judge, the clerk of the court, and the sheriff meet on the first 
^londay in January of each year, I think, and select from the registered list of voters 
the names of those who are competent to serve as jurors. Those names are registered 
and put on file in the judge of probate's office, and duplicates of those names are 
nut into a box. Twenty days before each court there are drawn from the names in tho 
box a sufficient number for the juries. As they are drawn a list is made of them, and 
their names are put in another box. Two terms are held in a year, and thcv are drawn 
from that registered list. At the commencement of the next year a new list is made, 
and those of tho old list who have not been drawn are put back into the box. 



ALABAMA. 



53 



By m\ Pool : 

Question. Ho^v many names do yon put in the first box? 

Answer. I do not think there is "any specific number j my impression is that they put 
in ^vhat is supposed to be a sufficient number. 

By the Chairman : 

Question. In drawing your grand and traverse jurors in Greene and Choctaw Counties, 
are there a fair proportion of coh)red men on the juries ? 

Answer. Yes ; it was a good, fair drawing, with a faiv proportion of each. 

Question. Were the colored jurors notified, and did they attend ? 

Answer. We had a great many cases where they did not appear, and of course a de- 
fault or forfeiture was entered against them. In their explanations or excuses, when 
the scire facias was issued to them, in a great many instances they said they were not 
notified ; that was the case particularly in Greene County. My acquaintance in Choc- 
taw County is not sufficiently extensive to enable me to tell ; 1 have been there but a 
short time. But that was the case in Greene County. In regard to those who were 
notified— two instances of which I remember — they said that they were threatened if 
they served on the jury. 

By Mr. Blair : 
Question. How long have you lived in Alabama? 
An8wei\ I have lived there since May, 18t)9. 
Question. When were you made clerk of the court there ? 
Answer. I was made clerk in October, 1869. 

Question. You became clerk of the court within five months after you went to Ala- 
bama to live ? 
Answer. Yes, sir. 

Question. You were appointed clerk ? 

Answer. I was. 

Question. By whom ? 

Answer. By the judge of the circuit. 

Question. Who was the judge of the circuit? 

Answer. My brother, L. K. JSmith. 

Question. How long has he lived there? 

Answer. I think he went there in 1865. 

Question. Where from ? 

Answer. I think he went from Michigan. 

By Mr. Van Ti^ump: 
Question. Are you sure he went as oarly as 1865 ? 

Answer. The war closed in 18()r>, After be was mustered out he came east, and then 
went to Chicago and Detroit. When he entered the Army he went from Detroit. It is 
my impression that it was in the fall of 1865 that he went to Alabama; I will not be 
positive about that, but I know he was there during the first of 1866. 

By Mr. Blaiu : 
Question. When was he made judge of the circuit? 

Answer. He was elected by the people at the same time that they voted upon the 
new constitution of the State, and when the other State officers were elected. 

Question. That was in 1868, wIkmi the constitution was voted down by the people ? 

Answer. It was at the time that Governor Smith and others were elected ; it was in 
February, 1868, 1 think. 

Question. At that election, or at the first election thereunder the reconstruction laws, 
the constitution was voted down ; a majority of the peoi)le voted against it, 1 believe. 
It was at that same election that Governor Smith was elected ; but the constitution, 
nevertheless, was declared by Congress to have been adopted. Who had been clerk 
previous to your appointment ? 

Answer. A man by the name of Sidney W^ormack, who died. 

Question. How long did you retain the clerkship ? 

Answer. I resigned in January or February last ; I forget the exact date. 

Question. Was any violence ever oflered to you while .you were in that office ? 

Answer. There was no X)articular violence ottered to me, except once; a drunken 
man came into my oifice and commenced to abuse me and threaten me somewhat, but 
I very soon got rid of him. 

Question. Then the reason for your resigning was sim^dy the anonymous letters you 
say you received ? 

Answer. That, and communications made to me through others, and then the general 
feeling there. 

Question. Was any violence ottered to these young men from Xew England, whom 
you appointed to teach school ? 



54 CONDITIOX OF AFFAIRS IN THE SOUTHERN STATES. 



They were not from New En^jland. 
Question. Well, from the North. . , , 

Answer. Yes, sir ; one of them reported to rae that some meu came to the place where 
he was living/in disguiso, iu the night, with pistols, and threatened that if he did not 
leave there \vithin a certain time they would kill him or harm him. 
Question. Were yon one of the supervisors of election iu 1870 ? 

Answer. Yes, sir ; I was a memlier of the board of supervisors. The hoard is consti-* 
tuted of the probate judge, the clerk of the circuit court, and the sheriff of the county. 
Question. EAch has equal authority in that board ? 
Answer. Yes, sir. i • ^ i 

Question. Did you assist in appointing the officers of election for that year ? 
Answer. I did not. 

Question. You did not perform that part of your duty ? 
Answer. No, sir. 
Question. Wio did it ? 

Answer. The probate judge 'and the sheriff, I suppose ; the laws say that any two of 
the board can perform the duty in the absence of either member. 
Question. You are now living in Choctaw County ? 
Anstver. Yes, sir. 

Question, With your brother, the judge ? 
Answer. Yes, sir. 

Question. Is he j^till judge of the circuit ? 
Answe): He is; that is, he was at last accounts. 

Question. You were iu Mobile recently, on thfe trial of tke Eutaw rioters ? 
Ansiver. Yes, sir. 

Question. As one of the witnesses ? 
Answer. Yes, sir. 

. Question. The trial was postponed ? 
Answer. Ye%, sir. 

Questim. Dp you know the reason of its postponement ? 

Ans^cer. It was postponed on account of the absence of an important witness on be- 
half of the Government. 

Question. Who was that witness ? 
Answer. Major Charles Hays. 

Question. Were there many other persons there as witnesses on the x)art of the United 
States? 

Answer. My impression is that there were several there; everyone who was sub- 
popnaed to be there was there, I think, with one exception. 
Question. How many i)ersons were indicted for that riot ? 
Answer. There were twenty persons indicted. 
Question. Were they in custody or on bail ? 
Answer. I think ten were on bail ; the others were at large. 
Question. They had never been arrested ? 

Ansicer. No, sir; I think there were ten at that time ; I do not know whether there • 
have been any arrested since then, or whether any have come in and given bonds. 
Question. Did you see Mr. Hays there on the day of the riot ? 
Answer. I did. 

Question. Had he his little son with him ? 
Ansim-. Yes, sir. 

Question. Was he on the stand with his father ? 

Aimver. I cannot say ; I did not see :Major Hays when he got upon the stand. It was * 
not his son, it was his nephew who was with liim ; I cannot say whether he was on ^ 
the staml with him or not. I know he was right there iu front of the oflice, while the 
others were speaking, and his little nephew was with him. 

Question. How old was ho ? 

Answer. Perhaps nine or ten ; I do not know. 

Question. How many white republicans are there in the county of Greene? 

Answer. How many are there now ? - 

Question. Yes ; how many are there there altogether ? 

Ansivcr. Well, sir, that is a hard question for mo to answer. . . 

Que^ftion, Is there a large number of them'? 

Ansirer. Oh, no, no; according to my standard of republicanism, there area verv 
few there. . 

liy Jklr. Van Tuump : 
Question. Well, take as a test those voting the republican ticket. 

Answer. Well, they might not vote at all, and still pretend to be republicans. At ' 
the last election there were four white men who voted the republican ticket to my cer- 
tain knowledge. *^ 



ALABAMA. 



55 



By Mr. Blair : 
Question. Yoii Avere one of them 
Answer. Yes, sir. 

Question. Mr. Cockrell was one of tht-m ? 
Answer. Yes, sir. 
(Question. Who were the others ? 
• Answer. Judge A. R. Davis, probate judge, and Major Hays. 
Question. Does Mr. Cockrell hold any otlice ? 

Answer. No, sir, I think not now; he did hold the office of guardian ad litem to the 
tounty, an appointment made by the probate judge. 

Question. You spoke of a man, Burton, who was maltreated. You say he was the 
county printer ? 

^in^wer. Yes, sir. 

By Mr. Van Trump: 
Question. Xot in that county. 

Answer. His paper was printed at Demopolis, Marengo County, twenty-eight miles 
from Eutaw. 

13y Mr. Blair: 

Question. I understood you to say Saturday that he was made county printer by act 
of the legislature. 

Answer. The act of the legislature authorized the probate judge of each county to 
designate the pai)er for the county printing: and the county judge of Green(; County 
designated his paper. 

Question. Did that law allow the judge to designate a paper printiMl out of the 
county ? 

Answer. Yes, sir, anywhere. 

Question. It allowed the probate judge of any county to designate a paper anywher<- 
inthebtatef 

Answer. I will not be certain about that ; my impression is, that it was a CQunty 
adjoining or a near county. 

By the Chairman: 
Question. In what year was that law passed ? 
Answer. I think it was passed in ISGS. 

By Mr. Blair : 

Question. I understood you to say that the party who assaulted Mr. Burton was in 
some way connected with a newsi)a])er. 
Answer. A mere employe, that is all. 

Question. Had that newspaper formerly enjoyed the county printing, before it was 
given to Ihirtou ? ' 
A)(swer. Yes, sir. 

Qu(stio)L AVas it ever intimated that the quarrel grew out of that business — out of 
th<' loss of that business ? 

Answtr. That was never intimated that I know of ; it may have been that that was 
the, motive which induced it ; but this man, who has no ])ecuniary interest in the 
printing, who is a mere employe in the office, would seem to have been a mer<^ tool in 
the hands of some one else, if the quarrel grew out of the fact that the printing was 
taken from that paper and given to anoth(!r. 

Question. The man might himself have lost employment by it. The jnipers selected 
for this work were generally radical pai)ers, were they not, the papers selected ])y the 
probate judges ? 

Answer. They were papers which supported the constitution bf the State of Alabama, 
and the Constitution of the United States. I cannot say whether you would call them 
radical ])apers; they were repuldiean papers. There was one exception, I think, to 
that rule, in the adjoining county. Hale County ; the probate judge designated a 
})aiH'r ])ublished in the county whicli was a conservative paper. 

Question. Was the probate judge himself a conservative / 

Answer. He was a republican. 

By Mr. Yax Trump: 

Question. In your statement in regard to the place from whence this man Haynes, 
the school-teacher, came, you said that he came from Circleville, Ohio, and from Greene 
County. Was it not Cedarville instead of Circleville ? 

Answer. Yes, sir, that was the place. 

Question, What was tin; character of this man Haynes ; I meau what were his ])oliti- 
eal sentiments ; did he believe largely in the divinity of the negro { 

Answer. No, sir, he did not : he was a very cbnservativ(> young man ; he said he had 
nothing to do with politics ; he never registered or voted in the county. 



56 COXDITIOX OF AFFAIRS IN THE SOUTHERN STATES. 



Question. Or mingle much with the negroes? 

Ansiccr. No, sir, not to my knowledge, no more than his duties as a teacher required. 
He had a little house ^Yhere ho lived by himself. 

By Mr. Tool: 

Question. How many white republicans were there iu Greene County in 1868? 

Ansicer. I cannot say ; I was not there. 

Question. How many were there when you first went there? 

Answer. There must have been twelve, at least. 

Question. Twelve who voted the republican ticket? 

Jn^rer. Yes, sir. , . , ^, ^ 

Question. You said that there were some there who said they were republicans and 

did not vote ; how many of them were there ? 
Answer. There were two or three; the State senator from that district did not,Yote, 

Mr. Mcintosh ; bo told me he did not vote. Mr. Haw^kins did not vote the ticket. The 

county treasurer, a son of A. II. Davis, did not vote, or did not vote the republican 

ticket. 

Question. Do you kuow^ the reason why they did not? 

An8Kei\ They told mo it would be dangerous to do it. The son of Mr. A. R. Davis, 
who lives up near Union, said that he could not stay there over night if he had voted 
the republican ticket. 

By Mr. Blair: 
Question. Was bo not understood to be a republican ? 
Ansicer. Not an active republican. 

Question. Active enough to hold an office under a republican administration ? 
Answer. Yes, sir. 

Question. That w^as pretty generally known, -svas it not? 
Answer. YeSj sir. 

By Mr. PooL4 

Question. Do the grand jury find bills against persons there for committing ordinary 
crimes? 

Answer. They find bills pretty freely against negroes for ordinary crimes. 
Question. Wliat character ot crimes ? 
Answer. Petty larceny and misdemeanors. 

Question. Do you suppose that an ordinary proportion of such petty crimes are in- 
dicted in the county, such as was the case before the war in other counties ? 
Answer. I think so. 

Question. The law is executed there as well as elsewhere in regard to those crimes ? 
Answer, Yes, sir. 

Question. Has there ever been any man indicted in that county, or in the court, for 
committing a crime in disguise ? 
Answer, No, sir. 

Question. No indictment been found at all ? 

Answer. Excuse mo ; I think that in the last fall term of court there were three par- 
ties indicted. 

Question, For what? 

An8wei\ The form of the indictment was for lynching. 
Question, Were the parties white or colored ? 
Answer. They were white. 

Question. Was the charge that they were in disguise ? 
Anstcer. Yes, sir. 

Question, And an indictment was found against them in your court ? 
Answer. They found an indictment. 
Question. That is the only case you know of? 

Answer. The only case since I have been connected with the court. 
Question. Has that case been tried ? 

Answer. No, sir ; the parties had not been arrested when I left there. 
Question. Why? 

Answer. Well, it could not have been for want of knowledge as to their whereabouts, 
for they were iu Eutaw several times to my certain knowledge, aiid in the presence of 
the sheriff, and were not arrested. 

Question. Did you issue a capias f 

Ansicer, 1 did. 

Question. Did you put it in the hands of the sheriff? 

Anstcer, Yes, sir. 

Question. There was no arrest ? 

Answer. No, sir. ^ 



ALABAMA. 



Question. Is there any organization in that county, any camps of these men, or any- 
thing of that sort ? 
Ansicer. Xot that I know of. 

Question. You have no personal knowledge of them ? 
Answer. No, sir. 

Question. Did you ever see them riding in disguise I 
Answer. I never have. 

Question. Do they frequently ride in disguise, as you learn from others? 
Answer. I am told so. 
Question. How often! 
A nswer. I cannot tell. 
Question. At stated times? 

Answer. When I was there I used to hear of it every week. 
Questimi. On what day of the week ? 
Answer. It was mostly Saturday night that they rode. 
Question. In what numbers 1 

Answer. All the way from three to twenty-live. I think on the occasion that Boyd 
was killed, the sherifli* estimated that there were more than forty or fifty of them. 

By Mr. BlaiPwI 
Quer^ion. You mean the solicitor, Boytt? 
Answer. Yes, sir. 

By Mr. Pool : 
Question. Have any scourgings occurred recently ? 

Answer. Not that I know of personally ; only by hearsay, from other parties. 

Question. 1 mean, of course, as you learn from others; you could not have been present. 

Answer. A prominent man in Kutaw, a democrat, a ^Ir. Taylor — he goes by the name 
of Kit Taylor ; I do not know what his nami' is — a very large land-holder, said that it 
was reported to the authorities that one Flem Cross, wife, and family had been poisoned ; 
that the wife had died ; that warrants were issued for the arrest of sevei-al negroes ; 
that the sherili' took a posse and went down and arrested the negroes, and was going 
to Eutaw with tliem, when he was met by a ])arty of men in disguise, who inmiediately 
l)ut a guard over him, and took the negroes away from him and beat them very badly ; 
cut one man and one woman nearly to pieces, but did not kill them. 

Question. When was that if 

An^swer. That nmst have been in March last. 

Question. Now, return to the indietim^nts that were found; upon what parties was 
the lynching committed by those who were charged with committing it ? 

Answer. Upon some negroes. The indictment was for lynching; it was under an act 
for the purpose of suppressing lynching. Do not understand me to say that these j)er- 
sous were lynched, but the indictment was found under an act which was ])asse(l to 
suppress lynching. It was charged that tht;y did go upon a place in disguise, and beat 
and whip certain parties. 

Question. That was the charge in the indictment ? 

Answer. Yes, sir. 

Question. What is the politics of the paper i)ublislied in Greene County ? 
Answer. Democratic. 

(Question. What is the tone of that paper in its editorials in regard to these outrages ? 
Answer. It is rather quiet ; it does not say nmch. 
Question. Does it denounce them at all i? 

Answer. I never saw a piece in it denouncing them that I recollect of, except that 
npou one occasion it called upon the people to refrain from violence. 
Question. Who is the editor of that paper ? 
Answer. Joseph W. Taylor. 
Question. Is he a member of this organization? 
Answer. I cannot tell you. 
Question. You do not know ? 

Answer. No, sir. ^ 

Question. Has it been the custom in Alabama to give patronage — x>uulic printing, 
&:(!. — to papers that support the party in power ? 
Answer. Do you say, " Has it been the custom ?" 

Question. However, you have not been there long enough to answer that question. 
Is that the ciistom in Michigan ? 

Answer. 1 do not know ; I never lived in Michigan but one year. 
Question. From what State do you come ? 
Answer. From ^Slassachusetts. 

Question. Then I will ask you the question in regard to that State. 
Answer. I think it is the custom there. ^ 



58 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Qiicsiion. Would witnesses be safe to go into one of your courts and testify to a state 
of facts that would lead to the conviction of one of these marauders? 
Antiwcr. I do not think they would. - 

(^hl&'itio^^, Suppose that, upon a preliminary i n vest ij[;at ion, a witness should show by 
Ills testimony that ho knew enough to convict one o'f them ; would he bo safe during 
the time between the investigation and the final trial ? • 

A7i8ircr, 1 do not think he would; and perhaps I might right here substantiate that 
bv saying that a man who was beaten thero^and an indictment l7>und against the par- 
ties, was run out of the county. I issued several subpoenas for him to appear to attend 
the court, and he did not come. I issued an attachment for him ui^on an order of the 
court, and he gave bond for his appearance; but ho did not appear, and the bond was 
forfeited. He said that if ho came there he would be killed. Furthermore, another 
])arty, who was a witness in behalf of this nuin in the same case, told me, as a reason 
lor his not appearing, that ho was told if he appeared there he would be killed. The 
witness forfeited his bond, and an attachment was issued for him at the last court ; 
^Vhether ho came or not I do not know. 

Quesiion. Who went his bail? 

Jnsivc)'. Some man in Gainsville ; I forget the name now. The man who was beaten 
was a negro named Sol Mobley. The man who went on his bail was, I think, (jrreene 
B. Mobley, sr. He is now dead. The attachment was issued, and put in the hands of 
the sherilT of Sumter County. 

Question. What chance is there for the State courts to suppress this violence, if no 
indictments are found f 

Answer. No chance ; I look upon the State courts as a farce, so far as that is concerned. 

Question. They are totally incompetent ? 

Answer, Yes, sir ; I think I can speak very confidently of the circuit court of Greene 
County, that it is utterly powerless to convict these men, or any partiesguilty of these 
crimes. 

Question. First, because the grand jurj will not find a bill ; and, secondly, because 
you cannot get witnesses ? 

Answer, Yes, sir. When the witnesses come up en the preliminary examination and 
are bound over, judging the future by the past, it seems to me tliat it is almost impos- 
sible to enforce tho law. 

Question. Have you ever known anything of the Union League in the countj^ ? . 

Answer. 1 never have. 

Question. Have they liad any Union Leagues there since you have been there ? 

Answer. No, sir ; or if they have, I never have known anything about them. I never 
did know anything about them any way. 

Question. What has been the conduct of the colored people in that county — orderly 
or otherwise f 

Ansiver. Very orderly, indeed. 

Question. Have there been any barn-burnings there ? 

Answer. Not that I know of. I think two or three gin-houses have been burned, and 
negroes arraigned for burning them ; but they never have been convicted of it. Ne- . 
groes have been arraigned for the murder and killing of persons, and for burning a ■ 
store there ; some twenty or thirty of them ; and one man, one of the negroes, in order 
to have them committed to jail, was pressed to [perjure himself, as he afterwards con- 
fessed. They now have him under an indictment for perjury. I think three or four 
colored men were committed to jail upon a preliminary examination before a justice. 

Question, On tho testimony of this man ? 

Answei'. Yes, sir. » 
Question: You say he has been indicted for perjury ? ^ 
Answer. Yes, sir ; and notwithstanding he came tho second time before the grand 
jury, and said that he had told them a lie, they still found an indictment against the 
other negroes, and they were kept in jail until this last court, when they were put 
upon trial, and, as I am informed, all were cleared except this man who perjured him- 

Quesiion. You mean that he perjured himself in swearing against the others ? ^ 
in^it *'^^''* swore that he was one of the party, and implicated the others^- 

Question. How long were the defendants kept in iail? 

Answer, The burning of this store, and tho murder and burning of the clerk in it, 
V^^n^^*-;!?,"^*^ ^^"^ assassination of Mr. Boyd, which was on the 30th of March, 

Those negroes were arrested, examined before a justice, committed to jail, and 
theiT ^"^^ ^ Itd^eas corpus before my brother, and he discharged two of 

By Mr. Van Tuoip : 
Question, Whoso store was burned ? 
Answer. Doctor Anderson's. 



ALABAMA. 



59 



Question. What was his politics f 
Ausiver. He was a democrat, I suppose. 

By Mr. Tool: 

Qiustion. Has the comniunity ever heeii able to ficd out who were the guilty parties ? 
Answer. No, sir; the ease was decided in favor of these parties only a few weeks 
since, except the man who x)erjured himself. 

Questio)}. You say the store was burned not long after the assassination of Mr. Boyd ? 
Answer. Yes, sir. 

Question. Did it have any connection with that ? 

Answer. This man, Dr. Anderson, at one time told me that he liimself thought it 
was merely retaliation for the nmrder of Mr. Boyd; that is, when he supposed" that 
the negroes were guilty of the act. 

Question. Is the doctor supposed to have l)een connected in anv wav with the nuirder 
of Ml. Boyd / 

Answer. No, sir ; I do not think he was one of the parties ; I cannot tell. about his 
knowing nnything about it. 

Question. Was he an active democrat, so as to have notice attract«Ml to him 

Au.sw(r. Xo, sir ; he was a very conservative man. only when he was drunk : then he 
was v<'ry active as a democrat, (lenouncing everybody that was ever loyal to the Gov- 
ernnu'nt, or who sympathized with the republican ]>arty. 

Question. Has there been any fear in that conunnuity that there would be retaliation 
by the negroes ? 

^Inswer. 1 think there was, at the time of the assassination of !Mr. Boyd. 
Qu(>ition. Hnve you known of any othc]* acts of retaliation !? 
Answer. Other acts of retaliation ? 
Question. By the negroes th<'.r<'? 

Answer. No, sir ; I iiave m'ver known of any acts of retaliation at all. 
Question. What is the relative pro})ortion of white people and of m\gro'\s in that 
county ? 

Answer. I think it was estimated at onv time that there were three to one. 
(Jue>^tion. Three negroes to on<^ white man / 
^inswer. Yes, sir. 

Question. Is the number of n<\groes in that county diminishing any ? 

Answer. I think it is, very fast ; after the last election a great nuiny left the (-(nmty 

Question. Did all of the negroes vote at that election ! 

Answer. No, sir; I do not tliinlv they «lid. 

Question. In your Judgment, what proportion of them did vot(^ ? 

,lnsw(r. I ciruld not give you any di'linite statement ; I know that in some prf cincts 
many of tluMu did not vote. In one precinct scarcely any negroes vote<l : and in 
others, as it appeared from t lie poll-list, a great manv negroes voted the d(^mocratic 
ticket. 

Question. A gre:it many of them voted the democratic ticket ? 

Answer. Yes, sir; in l^-tVj. I think, th<^ repu])iican majority in the county was nearly 
i2,'2UO ; in 1^70, the majority was 43 democratic. 

Question. How many negroes voted the democratic ticket ? 
Answer. I cannot tell. 

Question. I do not ask you to give the exact number, only to approximate to the 
number. 

Answer. I should think there were, perhaps, 1,500. 
Question. How many did not A'ote at all ? 

Answer. 1 do not know ; there might have been two or three hundred or more ; I am 
not well enough acquainted all over the county and with the negroes to give you the 
( xact number. 

Question. Did the negroes who voted the democratic ticket do so willingly^ or did they 
do so from terror ? 

^inswer. I know a great many who did not vote it ; they made affidavit they did not 
vote the democratic ticket ; ])ut I say that it so appeared from the jwU-books. 
Question. Do you mean to intimate that there was fraud in the count ? 
Auswa'. Yes, sir; I do. 

Question. When you spoke of 1,500 negroes having voted the democratic ticket, you 
mean that it so appeared from the count ? 
Answer. Yes, sir. 

Question. In your judgment, to what extent was that fraud carried ? 

Answer. It was carried to the extent that, as I tell you, there were 43 democratic 
majority, while in the election before that there were 2,'200 or 2,300 republican major- 
ity- 

Question. Do you mean to say that the whole of that result was obtained ])y fraud ? 
Answer. Not the whole of it ; tluue were a great many additions to the democratic 
party, and perhaps some negroes voted that way willingly, in order to protect them- 



60 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



selves. But the great proportion of thorn did not do it willingly, if tliey did it at all ; 
and a portion of tlicm voted the republican ticket, as they su^^posod, when they voted ; 
but when the votes came to be counted, they were democratic. 

Question. Were all the poll-keepers democrats ? 

Ansiver, Yes, sir ; every one. 

Question. Were they appointed by the sheriff! 

Answer. They were appointed by the sheriff and judge of probate; the board of 
supervisors consists of the probate judge, the clerk, and the sheriff, but I was not pres- 
ent when the poll-keepers were appointed. 

Question. Who is the probate judge t 

Answer. A. R. Davis. 

Qh^«<m>/i. What is his politics! 

Answer. Republican, or he was. 

Question. Is the sheriff a democrat ? 

Answer, Yes, sir. 

Question. And they appointed no republican poll-keeper in the county ? 
Answer. No, sir. 

By Mr. Van Trump : 

Question. How many republican poll-keepers could there be if there were only four 
white republicans there ? 
Answer. There are several colored republicans in that county. 

Question. Do you mean to say that the whites there would not electioneer with the 
negroes in that county f 
Answer. 1 do not say that. 

Question. Do you mean to say that that had no influence with them ? 
Answer. No, sir; I do not. 

Question. The whites there were mostly the former masters of these negroes, were 
they not ? 

Answer. Yes, sir; but I mean to say this: that the negroes, if left to their own freo 
choice, and if they felt that they would be protected in doing what they wish, would, 
almost to a man, Vote the republican ticket. 

Question. That is your opinion ? 

Answer. That is ray opinion ; yes, sir. 

By Mr. Pool: 

Question. Are you sure that Judge Davis had anything to do with the appointment 
of these poll-keepers ? 
Answer. Yes, sir. 

Question. Ho certainly had the right to do so ? 

Answer. Ho did; the law expressly says that two of the board shall be present to 
make appointments ; I was not there, and I know he did appoint them. 

By Mr. Van Trump : 

Question. I understand that you are from Massachusetts. 
Answer. Yes, sir. 

Question, And your brother, the judge, was from Michigan t 
Answer. Ho was from Michigan when he went into the Army. 
Question. He was originally from Massachusetts ? 
Ansicer. Yes, sir. 

Question, How did you happen to go to Alabama in 1869 ? Did youf brother write to 
you to go f 
Answer. Yes, sir. 

Question. And that he would give you an office ? 
Answer. No, sir. 

Question. Are you sure that was not in the letter ? 

Answa-. Yes, sir; I am sure. I went there with the expectation of going upon a 
plantation. & o r 

Question. But you got the office shortly after you got there ? 

Answer. Yes, sir. I was appointed by the State superintendent as county superin- 
tendent of education for Greene County before I was appointed clerk. 
Question. Your brother lived in another county ? 
Answer, Yes, sir. 

Question. And within four or five mouths after you went there, while you were hold- 
ing another office by appointment, your brother appomted you clerk of the court? 
Answer. \es, hit ; after I was there five months. 
Question. Did that give satisfaction to the people of the county ? 
Answer. It gave satisfaction to the bar. 

Question. You have said that you believe no person could safely testify as a wit- 
ness m this not case; you instance that as a particular case; that was a pretty strong 



ALABAMA. 



61 



case ; I understand you to mean in the county of Greene — that no man knowing fully 
the circumstances connected with the riot could go there and safely testify against 
these parties, \yould it make any dilfereuce whether he testified in the county or iu 
Mobile, if, after he testified, he went back to that county ? 
Answer, No, sir. 

Question, Then, in your opinion, no witness could testify in'^the case with safety if his 
testimony would tend to convict the party ? 
Anstver. I say so. 

Question, Judging from the facts which you have detailed here of your personal 
kiiowledge of that riot, would you not, iu one way or another, be a very thorough 
witness ? 

Answer, I would. 

Question. Yon were summoned as a witness at Mobile, but did not testify there f 
Answer. I testified before the grand jury. 

Question. The people of Greene County knew that you were summoned there ? 
Answe}\ Ytn, sir. 

Question. In fact, you knew more about that case than Mr. Cockrell himself even? 
Anstver. Very likely. 

Question. How many witnesses were summoned from Greene County to go to Mobile? 
Answer. Major Hays, Mr. Cockrell, his sou, and myself ; four of us. 

By Mr. Tool : 

Question. Have you been threatened because of being a witness there ? 

Answer. Not directly since then. As I said to you Saturday, a man threatened me 
in my Office, and said that he would be damned if I should ever be permitted to testify 
before the grand jury. I will say this, and if Mr. Cockrell ever appears he will tell you 
the same. To show the feeling in this case, I will say that one of the parties in going 
with him to Mobile—the^' knew I had gone from Greene County and probably would 
not return there ; but my brother still holds his court there — one of the men, a leading 
member of the bar, said that if I testified against these x>arties, my brother would not 
be permitted even to hold court iu Greene County. 

By Mr. Blaiu: 
Question. He told you so ? 
Answer. No, sir; he tohl ^Ir. Cockrell so. 
Question. Who was he ? 
A7isw0r. A son of Chancellor Clark. 

By Mr. Pool : 

Question, Having testified, would you now feel safe in Greene County? 

Ansiver. I would not. And allow me to say still further in regard to Mr. Hays ; from 
his account to me, I think he feels that he is not safe in testifying, and he has been 
informed as much ; that if he went there and testified, not only would his property be 
destroyed, but he would be killed. 

By Mr. Blaik : 

Question. I believe he testified hero himseif that he felt very safe at j)resent. 
Answer. He has not been before the court to testify. 

Question. Do you pretend to sav that is the reason why Mr. Hays does not go and 
testify ? 
Answer. I do ; yes, sir. 

Question. He alleged here himself that he had a very different reason for not going. 
You assert he had that reason and not another reason. 

Anstver. I do not know what reason he gave here. I know that Major Hays told me 
that he was not only told, but written to, that iu case he did go there and testify, it 
would jeopardize his family and himself. 

By Mr. Pool: 

Question. You mean to express it as your opinion that that, at least, is one of his 
reasons? 
Answer. Yes, sir. 

By Mr. Blair : 

Question. As you observe, we are taking testimonj- now iu regard to this Eutaw riot. 
You have been asked your opinion about a great many things. Now, is it not your 
opinion that this committee could go to Eutaw and ascertain the exact facts of the 
case much better than we can do sitting here ? 

Answer, No, sir ; not better— the exact facts. You might obtain a knowledge of the 
dift'erent positions which they occupied, and all that, much better than I have explained 
it to you. 



62 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Question. Are tlierc not other people tliere besides yourscM" who are able to throw 
light upon this matter ? 
Aimccr, Yes, sir : perhaps so. 

Question. Would'we not be likely, by going there, to get hold of all the men who saw 
this riot in all of its different aspects ? 

A7mccr. You might possibly get them; I do not say that you could not; I do not 
know. 

Question. Wo certainly could get them there as well as hero ? 
Answer. Yes, sir. 

Question. And probably better, because we could reach more witnesses? 

Anstver. Perhaps. As I understood your question, it was whether I did not believe 
that you could get at the exact facts better on the ground than here. I answered that 
I did not think you could any better. But yet I did not mean to have you understand 
that I did not think it would be a good idea for you to do so, or that you would not 
get at any facts by going there. 

IJy 3Ir. Van Trump : 

Question. You mean that if we would stay here long enough, and go to the expense 
of summoning all the witnesses that know anything about it, we might possibly do as 
well here as there; that is what you mean, is it? 

Answer. Yes, sir. 

By Mr. Pool : 

Question. Who recommended you as clerk of the circuit court ? 
Answer. The republicans of Greene County. 

By Mr. Van Trump : 
Question. How many were there then ? 
Answer, I mean the white republicans. 

Question. I supposed you mean the white republicans ; I asked you how many there 
were 1 

Answer. 1 might say that more than the republicans of Greene County recommended 
me. Judge Miller formerly lived there, but then lived in Mobile ; and the solicitor, 
Mr. Boyd; Judge Davis, Squire Cockrell. I think Major Hays was not there at the 
tiiue. 

* By Mr. Pool: 

Question. Any members of the bar? 

Answer. Squire Cockrell was a member of the bar. 

By ^Ir. Van Trump : 

Question. How many wliite members of the bar? I say "white," because there may 
be some negroes. How many white members of the bar, besides Mr. Cockrell, are there 
in Greene County ? 

Answer. I think there are twelve. Several have come in recently. I do not know 
that there are any colored members of the bar. 

By Mr, Pool : 

Question. Was any other person pressing an application for the office? 
Answer. Xo, sir; not at that time. 
Question. No colored man ? 
Ansivei'. No, sir. 

By ]Mr. Stevenson : 

Question. You have spoken of a gentleman by the name of Jolly,* Is there more than 
one person of that name there ? 

Answer. Not in the town of Eutaw, I think. Ho is a member of the bar ; Mr, J. J 
Jolly. 

Question. Is he a prominent democrat ? 
Answer. Yes, sir. * 

Question. Had he been addressing the democratic meeting on the day of the riot ? 
Answer. Yes, sir. 

Question. You spoke of a deputy sheriff who was' in your room, and who said that 
there would be a row, or something to that effect. Is he a democrat ? 
Answer. Yes, sir. 

Question. Was ho a special deputy, assigned for that day ? 

Ansiver. No, sir; ho was deputy sheriff of the county and also marshal of the town. 
Question. Did you see him do anything to stop the riot ? 

Ansicvr. One person by the name of Perkins was talking rather loudly, and he went 
to Inm and told lum he must be quiet. ! 
Question. At what time was that ? ^ 



ALABAMA. 



63 



Answer. Durino- the first part of the speaking. 

Qiicsiion. Did you kuow of any of tlie persons whom the sheriff hud sworn in as sjic- 
cial depntios ? 

Ausw(}\ I did not see any acting in the capacity of deputies. I do not know that I 
ever heard that he swore any in. 

Question. Can you tell me why th(^ colored people of that county, being largely in tlio 
majority — I understand that tliere ar(» seven or eight hnndrcHl white voters there, and 
over U\o thousand colored voters — why did they not retaliate? 

Ausircr. At that time ? 

Qnesilon. Yes ; and generally, when imposed upon ? 

Atmver. They were told to come there without their arms ; and as far as I have heen 
concerned, and I think that is generally the case there, the republicans have counseled 
peace and submission, and have guarded against anything like retaliation or disturb- 
ance on th(^ ])art of the freedmen. 

Qatstion. How with the rei)ublican leaders generally; have they advised submission 
to these outi ages ? 

Jnsictr. They have ; and h^t me here remark one thing. Boyd was killed on Thurs- 
day night ; r.n Saturday the negroes came into town by hundreds, with their guns ou 
their shoulders, exas])erated and ready for retaliation at any cost. They came to my 
office, and asked nu' about it. I said to tln^m, " no that 1 would go as far as any man 
to punish the assassins of Boyd, and that I would go as far as any man to punish them 
if they touched a torch or lired a i)istoL The remark of one old man to me was, 
''Captain, I tell you these people have never snrren<lered yet ; and the only way to 
stop this is to buin them out." And Ik^ Avant(Ml to go and burn the hotel right there 
in daylight on that Saturday. 1 told him that it would not do; that they nmst not do 
it ; and 1 got them to go home, and they went otf without making any disturbance. 
That was right when the peo[)le tlierc^ feju'cd that they w(^re sonu'what in dang(U" from 
insnrrection or rebellion. At night, wlwn I went home and went ]>ast the ])(>st ofhcr, 
I took out an anonymous letter, that I nnist leave within a certain time. On the fol- 
lowing Monday I showed this letter to some of the members of the bar, and they calh-d 
a meeting in my othce of the members of the l)ar in Kntaw, and assured me that this 
letter, whoever it might he written by — it was si^j^ncd, K. K. — was written l)y 
some man who wanted my ofhCe, and took that way to try and frighten me. They as 
vsured 7Tie at that time that they liked me as an otlicer, ha<l no fanlt to hnd with me, juid 
that th<'y h()]ied that I would still use my inthieneeto keej) things <juiet. 1 told them 
plainly tluit I wonld do so ; that I was in fa\-or of law and order. I had petitioned to 
the gfivernor for troops, and they knew it ; that was oik^ r(Mison why the members of 
the bar came to me. They wanted to get me to goto ^b)ntgoniery and hav(* that 
order countermanded, or to s^gn a petition n<tt to have them sent. I told them I wonld 
not doit; but that wh<Miever they would call a meeting irrespective of party, and 
pass resolutions denouncing all such things, and stating that there was no need of 
having troo])s, then 1 would do so ; but until th<'y did that, 1 thought it was better for 
the safety of the colored ukmi and of the whites to have troops there. 

QucstioH. Did they ever hold such a meeting / 

Answer. Xo, sir. 

Qiusiion. It was generally known among the democrats that you had advised peace 1 
Answfr. Yes, sir. 

Question. And had done all you could to prevent retaliation ? 
Ansircr. Yes, sir. 

Question. Do you not believe that if the cohu-ed peo])l(^ in a county like that, where 
they are so largely in the majority, would stand squarely up and light for their rights, 
they wonld be let alone and left in peace ^ 

Answer. It would takesonn* time. 

Question. Do von iKft think vou have taken the wrong course down there in submit- 
ting? 

Answer. I think now, the thing has gone so far that they could not doit; that it 
would be annihilation to the negroes if they should undertake such a thing. 
Question. Why ? They are in the majority. 
Answer. They are in the majority in certain counties. 
Question. What would happen ? 

Answer. They would, if necessary, send in five thousand men there from other regions. 
That thing was tried last summer down ther(% where they attacked a negi'o, and the 
negroes defended themselves and killed a white man. They w^ent from Eutaw down 
there, and hunted them out. 

Que:<iion. What was the elfect ? 

Answer. They killed a couple of negroes and disbanded; they called troops there 
immediately to ket^p quiet. 

Question. Do you know whether that is the view taken by the leaders among the 
negroes, the -preachers, who are generally leaders, are they not ? 

Answer. Yes, sir; generally a sort of leaders. 



64 COXDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Queslion. Do tboy counsel resistance, or peace and submission, so far as you know? 
Anm-er, I know that, at the time I speak of, the leading colored men in tbe county 
urged retaliation. 

Que^itioif. At that particular time? 

An8icei'. Yes, sir ; but since that time, while they dared not retaliate, in many instances 
they say, "While the Government, either State or national, docs not protect us, we must 
protect ourselves in the way of voting." 

Question, That is, protect themselves in the right to vote? 

Answer. Yes, sir. 

Question, What I want to get at is, what is the tone and general course of the leaders 
among the colored men as regards advising retaliation or not ? 

Answer, Tliat was the only time I can speak of in my own county, when there was 
any open disposition expressed for retaliation. 

Question. What has been the general advice of their leaders? 

Answer, It has been to keep peace ; and it has not only been the advice of their leaders, 
but it has been handed down to them by the republican leaders — white men. 

Question. Suppose collisions were to occur, who would have the advantage so far as 
arms are concerned^the colored men or the white men ? 

Answa: In that county of Greene? 

Question, Yes, sir. 

Answer. I do not think the colored men have a great many arms. 
Question. What kind have they, if any? 

Answer. Perhaps some single-barreled guns; a few double-baiTeled shot-guns ; some 
of them may have some pistols. 

Qnestioii, How are the w^hites armed usually? 

Answer. To the teeth— with pistols and double-barreled shot-guns. 

Question, Revolvers? 

Answer. Yes, sir. 

Question, How do they wear their revolvers? 

Ansicer. If it is a large pistol, you most always see them with a belt buckled around 
them. 

By Mr. Pool : 

Question,* Do they carry them outside ? 
Answer. Under their coats. 

By Mr. Stevenson : 

Question. Has there been any special influx of arms since you have been there ? 
Answer. Not that I have noticed. 

Question, Are the white men generally armed, more or less? 

Answer, Yes, sir ; hardly a countryman comes into town but has his pistol buckled 
around him. 

Question, Does he usually go into town that way, or only on court-days? 
Answa-. He usually goes in in that way. 

By Mr. Pool: 
Question. Comes in exhibiting his pistol ? 
Answer. Ho has it bnckled around him. 
Question. So that it can be seen ? 

Answer. You cannot see the pistol ; you can see the belt ; I know the decision of the , 
judges IS that the fact of showing the belt does not shelter from the law acainstv. 
concealed weapons; the pistol is not seen under the coat. ^ 

By Mr. Stevenson : 

Question. The judges hold that to be still a concealed weapon ? 
Answer, Yes, sir. 

Question. You generally infer, when you see the belt, that there is a pistol? 
A nswer. Yes, sir ; but the court held that the fact of showing a belt is not a sufficient: 
notice of carrying a pistol. ^ 

judgef ovcHMdcd it ?^ ^^""^ showing the belt was a sufficient notice, and the 

Ansiver. Yes, sir. 



n \v vr\T>T>Ta , . Washington, D. C, *7mw<? 6, 1871. 

\iju. B. A\ . N ORRIS sworn and examined. 

By the Chairman : 

Question, In what part of the State of Alabama do you reside? ^ 

Statc!"'^' I live in Lbnore County, fourteen miles from Montgomery, the capital of the 



ALABAMA. 



65 



Question. How long have you lived there? 

Answet\ I have lived in Elmore County since August, 1865; I have lived the State 
of Alabama since June, 1865. 

Question. Have you been a nieiuber of Congress from that district ? 

Answer. I was a member of the Fortieth Congress from the third congressional district 
of Alabama, the district in which I now reside. 

Question, Have you traveled much over the district ? 

Ansicer. I have canvassed every one of the ten counties in it. 

Question. What arc the names of the ten counties in your district? 

Answer. Elmore, Coosa, Talladega, Clay, Tallapoosa, Chambeit^, Lee, Russell, Kan 
dolph, and jMacon. 

Question. AVhat opportunities have you had of observing the state of affairs in that 
district within the last two or three years ? Give us as briefly as you cau the facta 
that have come under your observation. 

Answer. I visited several of the counties in that district prior to the opening of tho 
campaign in August, 1^70, and after the nomination of the republican state ticket I 
canvassed all the counties in the district. I was myself nominated for Congress iu 
that district. I visited ^Macon. Talladega, and Lee Counties certaiidy not hmg before 
the nominations were made, addressing the republicans of two of those counties, Talla- 
dega and Macon. After the nominations in August, I spoke, ([uite extensively through 
the district, some five or six times in several counties, and I think not less than twice 
iu any one county. I thus had a very good opportunity of ascertaining the feelings 
and wishes of the rej)ublieans, and to some extent the feelings of the democrats toward 
the republicans, in regard to the issues involved iu the campaign. 

Question. t'nv as your ol)servation enables you to si)eak, to what ext(Mit can per- 
sons express their ])olitical o})inions in that district without molestation j and if they 
are molestetl, how are they disturbed ? 

Answer. I addressed gatlierings of the people u\ most of the counties in tlie district 
without much interrnption. \Vel\)uud it diflicult loget notices of (mr meet ings through- 
out the district. Posters advertising republican speakers were sent extensively through 
the district, but iu my canvass of several hundred miles I do not tliink I saw six re- 
puldican posters, Avhile i»osters annomicing democratic meetings were to be seen at 
cwry cr<»ss-r().'t(l. and on almost every grocery every wliere throngh tb(^ <Iisti ict, })oster.s 
])ut up several wiM'ks before the meetings. Our posters were torn down and d(\stroyc<I, 
or so mutilat(Hl th:\t it was very dilhcnlt to make known to the ]M'Opl(^ t\u\ fact that a 
rei)ublican inei ting was to held in any ]tarticular locality. In m;iny instanc(^s wo 
had to send men throngh the various precincts — eohired men — to inform tli(^ colored 
peojde that meetings were to be held. In several couiiiies of that <li.stiiet, luifc 
for th(^ presence of those authorized to kee]> the peace, as for instance the shcritf and 
his dejMities, at some of thos(^ meelings I would not have been allowed to .sjjcak; i 
could not have s^ioke^i because of the interrnptions and th<' inir])()se (d' ]>ersons, as I 
know, who came there to break u]) our meetings. At >S*<d»Mn, in Jjee County, wlien' f 
spoke two or tlinu^ weeks before the election in Xoveud)er, I was told by the colored 
people assembled there that I had bettei' not speidt there, that white men contemplated 
violence in case I should do so; or, to use their own language, i)erhai)s, th(M*e would b«^ 
a rov.'. I re])licd that I went tlier(? for the [)ur|)os(^ ot si>eaking and did inn ])ropose to 
be prevented by any thrciits of that kind. I did speak; but I was inteirnpted fi"e- 
qnently during my short speech. Theie were exlubitions (*f violence; men would 
come on tlic i)latf(n"ni with th.eir hands on their revolvers, evidently wiih the purpose 
of wtting up a dithculty, involving me in some difiiculty, for the j)urpose of breaking 
up the meeting. iSeveral white men were sitting just ])efore me exhibiting their revgi- 
vers. And I was followed after the meeting for some time by one or more white men, 
who evidently meant to get me into a difiiculty with th(^m. They followe<l me to tho 
cars, f(^r I took the cars on tlie arrival of tln^ train from Columi)us to Oi)elika. As I 
entered the cars several of these men drew their revolvers. I immediately took my 
seat among the ])ass»-ngers wlio had come on from Columbus, and they c<udd not lire 
upon me without endaiigeriug the. lives of the other passengers. I sn])pose that for 
that reason they failed to discharge their revolvers at all. I had sjxjken in a very 
conciliatory manner ; I bad said nothing otiensive to democrats or to the democratic 
party. 1 gave, as well as I could, au exposition of the repul)lican theory, and was not 
aware that I gave the slightest occasiou for olfense. The white men there who were 
rc])ublicans were oiraid to identity themselves at all with the party there, or to give 
me even a friendly leception. I have that Irom tlieir own lips. One man. who is a 
postmaster, told me that he was tolerated there only because he was iin old rc^sident 
and kept cpiiei — 'Mninded hi^ own business,'* lo use his own language — a-.-.d was a good 
poscmaster; that he did not dare to utte-:: L^.s iiolitical sentiments; and that it v.ould 
not be safe for him to do so. 

(Jueslion. In what county was that ? 

Answer. In Lee county, at Salem. I spoke during the canvass at Tnskegee, iu Macon 
County, with Judge Rice, formerly chief justice of the State, ?.n old resident of tho 

5 



§i CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



State aud a native of the South. I spoke at that time without interniption ; hut J iidge 
Rico was interrupted throughout tho tirst part of his speech, till ho paused and re- 
buked those who iuterruy^ted him. Ho was interrupted by white men sittmg on either 
side of hiui, on Ids right and on his left, with taunts, jeers, grimaces, and all sorts of 
nuestions, propounded evidently to bring contempt upon the meeting, and to insult the 
iud'^-e. liis testimony will appear when the testimony is published, m regard to that 
meeting, which is already taken, in the contest that I have made with my competitor. 
Aft»^r the atljoummeut of the meeting I was very grossly insulted by men who I have 
no doubt intended ta draw me into a difliculty, with the purpose of inflicting violence 
upon me. They were there, as they said, to keep the peace. I went down from the 
platform, having spoken a few words, just before the adjournment of tho meeting, 
after Judge Rice had left town. They made their nominations for the county ticket, and 
I conoratulated them on the harmony with which they had concluded the proceeding? 
of the day. After the adjournment of the meeting some ten or twelve white men came 
up tome, with their revolvers bristling, I saw them, aud said to me, using proline 
language, " You have stated that we are here to break up this meeting; now you 
must take that back." I replied, " I have said no such thing ; I said that the demo- 
crats were anxious to devide the republican party at the time of tho election, and I 
urged the republicans here not to let them do it. I made no allusion to your presence, 
and I shall not take it back. " On my resolutely contradicting what they said, they 
finally withdrew ; I gave them no occasion for that demonstration at all. It was seen 
and known by colored men and the white republicans present that they evidently 
wanted a difficulty, that t hey had been anxious for it all day. But by great caution, by 
remarks, both on my part and on the part of Judge Rice, to which they could not take 
exception, we avoided it. That night a religions meeting was held at the Colored 
Methodist Church, on one side of the town — a business meeting — which was held quite 
late. I was sleeping not far from tho court-house ; I heard a large number of men gal- 
lop by, and iu a little while a large number of shots were heard to be fired ; I did not 
hear them, for I had fallen asleep ; but the gentleman with whom I was stopping came 
to me and asked if I had heard the pistol-shots; I said I had not; he said, "I heard 
thirty or forty of them in the direction of the Zion Chui'ch," In the morning I learned 
tliat the church had been fired into, one of the officers of the church killed, and an- 
other mortally wounded, so that he died a day or two after. It was thought that they 
supposed a political meeting was being held in the church. No political meeting had 
been hold in that county between June aud August, for the reason that some promi- 
nent republicans had been shot in June for holding a meeting in that same place ; 
they h ad not dared to have a night meeting during the summer. When the county 
mceti .ig was held for the inirpose of selecting delegates to the congressional and Stafe 
conventions, it was held at a placeoneside oi' the county, from tho fact that the repub- 
licaus did not dare to hold a meeting at the court-house. At this time the repub 
lican i)arty was making an effort to reorganize, and a meeting vrfis held at Tuskegee, 
when Judge Rice and myself spoke. It is thought they supposed a political m)3eting 
was held in that church on that night, and the inference is that these men went there ' 
to attack it and break it up. The church was fired into by white men, because they ^ 
were seen, as I have shown in the testimony taken in my contest. Judge Rice spoke ' 
after that at Opelika, where he was so much interrupted by white men that he could 
make no connected speech; I heard him make that statement under- oath, that he 
was so interrupted that he could not speak there. I spoke at Socapatoy, in Coosa 
County, which is reputed to be a very rough place. When Judge Hefiin spoke there, 
the year before, in August, 1869, he was drawn into a difficulty, and a republican was' 
killed, cut to pieces by white men, in a difficulty brought about hj white men, who were • 
there for the purpose of bringing on a difficulty. When I spoke there last year, the sheriff^ 
of the county was present with one of his deputies. There was quite a large number of 
men, fifteen or twenty, from the adjoining county of Tallapoosa, from Youiigsville, who 
told the sherilF they were there for the purpose of preventing me from speaking; in the 
course of the meeting they desired him to leave the ground, so that they might break 
up the meeting, and do violence to my person ; that the sheriff has stated under oath. 
But he maintained order, although I was frequently interrupted while speaking, as I^ 
think other speakers were. There were two others who spoke, one colored man and^ 
one white man. I was frequently interrupted during the meeting ; but on account of 
the presence of the sheriff no disturbance took place. He stated that he was there to 
keep the peace and he should do so at all hazards. I do not think I was iuterrupted 
anywhere else throughout the district; I do not now recollect to have- been. Gener- 
ally democrats were present at most of the meetings, and gave respectful attention. 

Qucdion. Did these interruptions consist of threats of personal violence, or were 
they simply the ordinary hootings of impolite people ? 

^!!V!'^^'''P}':y ^^'^'^^ threats, as a general thing. They were contradictions, such 
a«, " You lie ! ' " You don't tell the truth ! " That is a damned lie I " and all that sort 
ot tbmg. But these men, m some cases, had their fire arms about them, and their 
deinonstr.ations were such as to show, I think, that they Avere ready for trouble, if 1 
could be diawn mto it. . ' 



ALABAMA. 



67 



Question, What knowledj^e have you of iDjuries inflicted in the night in your district 
hy armed persons in disguise f 

Anm-er. I know in regard to them on]y by general report, and by the testimony t 
J)ave taken in my contest ; I examined a large number of witnesses. 

Qimtion. You say you have taken testimony upon the subject ? 

AuHxcer, I have in nearly all the counties of the district, and have examined a large 
number of witnesses. 

Question, Without going into a detailed statement of the ditlerent cases in which 
such injuries have been indicted, can you state what number have been testitied to as 
luiving occurred in y^ur district f 

Answer, In MacJn County two men were shot, as I liave already said ; in the same 
eouiity, in .Jnae, a man and his wife were shot as they were retiring at niglit — a colored 
man, and the leader of the republican party in that county, it being a heavy colored 
county. He was a inember of the legislature, and the president of the republican club 
*ust organized. 

By ^Ir. Van Trump : 
Question, Club or league ? 

Anawcr. Club; I do not know that tliere are any I.oyal League's in tlie Sta.te at tlie 
present time. It was a club to which both white* and colored men belonged. In ( 'handlers 
County, just before the election, there was a brutal murder of an aged colored minis- 
ter, who had as good a reputation as any man in the county, and was respected by all 
who know him. lie was murdered in the night by disguised mc^n. I think anotlun- 
colored man was murdered in another ])art of th(^ county ; I think that apjx'ars in the 
testimony I have taken, but I will not be positive about that. In Tall;ipoosa County 
there were a great many whipjiings, and one man v/asshot and another Avas killed just 
before the election, or just after — I am not positive as to the exact time. I'ut aluuit 
the time of the election there was a brutal murder of a young colored man in one of 
the precincts of that county. There is a Ku-Klux organization on the line of Talla- 
poosa and Coosa Counties ; and the Ku-Klnx were' i-iding tliiough ditlerent precincts 
in those two counties before th<^ election, making threats that iftli^ colored men voted 
the republican ticket they should be ])unished or driv(ni out of thec(Minty, and rei'nsed 
employment; and inmiediately alter the election (^uitc a number of colored men were 
wliiiiped by persons in disguise, because they voted th<* republican ticket, and were 
run out of the c(mnty, and are now living in ^lontgomery and IClniore Counties. There 
is a complete reign of terror in Tallapoosa County, so that in most of the precincts in 
that county not a republican, white or black, voted. In tlu^ western part of tla^ 
county, where this organization exists, there was a reign of terror i)rior and subscfpient 
to the election. The condition of the colored men in that couiity now is really 
deplorable, by reason of their fears, their feeling of insecurity, their want of protec- 
tion, and their constant liability to outrage at the hands of this organization. 1 will 
state that I examined outside of the district, in the city of Montgomery, some sixteen 
witnesses, many of whom had been run away from the- district, and who did not dare 
to testify in the counties from which they had been driven. Four of the most promi- 
nent white reiiublicans of Chambers County were driven away immediately after the 
election ; two clergymen, one revenue assessor, Avho I understand will be before you, 
and one deputy revenue collector, who now lives in Opelika. Lee County. The 
Ku-Klnx came upon the collector, and he caihe very near losing his life; it was by a 
mere accident that he did not. He happened to be a few rods away from his house 
when they came, and in that way escaped. One of the clergymen was a school- 
teacher, and they both left immediately after and went to Florida. Several colored 
men were run off from that county, and testitied in another county, and have not 
dared to go back there since the election. From the county of ^lacon nearly all the 
prominent rexiublicans, both white and black, have been driven away. 

By the Chairman : 
Queiition, By what means ? 

Answer,- By threats. A leader of the party was shot in June, as I have already said. 
The republican party was really broken u]) before the election, and it was with great 
difiQculty that it could be reorganized. All the prominent republican men in that 
county were driven away by threats and by violence, and those who remain have been 
thoroughly silenced. They would not dare to-day to go on the strc^ets in Tuskegco 
and proclaim their sentiments; they could not be induced to do so: and they could , 
not be induced to testify to what they knew before the ofdcer who took the testimony 
in my case. I knew they were intimidated ; various witnesses admitted that they 
were. Democrats were heard to say that when certain men in that county could 
ce disposed of they could control the negroes. 

By Mr. Blair : 
Question, What' democrats? 
Ansiier. I cannot give their names. 



68 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



By the Chairman ; 
Quesiion. Do you know their names ? 
J nmpir. I do not 

By Mr. Blaix: 

Question, How do you know they said so? 

Aimrer. I have heard responsible men say that they heard them sa-y so. 

By Mr. Van Trump: 
Qmcs<io«. Whodidyou hear say so? . ^ i . , ^ ti x • i ^ 
Aimce}', One was Colonel G. A, Harmount, of the legislature ; I do not thmk of anj 
other now. Ho said ho heard some Tuskegee men say that when William Dougherty 
' -md William Alley were disposed of tliey could control the negroes ; and that they 
added, "They must be driven away," or " They must be driven off;" something like 
that. 

Question. Were those men natives there ? 

Answer. I cannot say. . . x 

Question. Do you know where they came from originally ; or were they natives ot 
Alabama ? 
Aimcer. I do not know. 

By the Chairman : 

Question. Have you stated all the cases of whippings and other injuries that came to 
your knowledge through the testimony you have taken ? 

Answer. I do not recollect how many there were. I know that they occurred, in 
Tallapoosa, in Coosa, and in Jklacon ; and there have been some in some of the other 
counties since then ; some in my own county of Elmore. 

Question. Taking the district through, can there be in that district a free and volun- 
tary expression ot political opinion without encountering danger to life or person ? 

Answer. I think there would be danger at the present time. 

Question, Have tlfere been any prosecutions there against any persons for the offenses 
of which you have spoken ? 

Answer. There have been in Talladega County, I think; I have not spoken of the 
outrages committed there. There were some outrages committed there, and I was 
informed by Judge Pelham and some others that some prosecutions were had there at 
the last term of the court; but no convictions. 

Quesiion. There was a trial there ? 

Answer. There was a trial, but the jury acquitted in every case. There is a Ku-Klux 
organization on the line of Talladega and Calhoun Counties, and I believe there were 
some outrages committed there. 

Qiiesiion. Have you any means of knowing the extent of that organization in that 
part of Alabama ? 

Answer. I have not, further than what appears in the testimony I have taken. There 
is an organization in Macon, in Coosa, in Tallapoosa, and on the line of Talladega aud^ 
Calhoun Counties. There is also an organization in Chambers County, because there' 
was a murder committed there by disguised men ; I do not know how extensive the 
organization is in that county. I know this old colored man, named Trammel, was 
killed by some eight or ten disguised men, showing that an organization exists in that 
county. I do not know that the organization has existed in Russell County, but there 
is a great reign of terror in that county among the colored men, and the only promi- 
nent white republican in that county has been driven away since the election. Fromi 
.some four or live counties in the district prominent republicans have been run off since>, 
the election. 

Question. Is there any obstacle to holding democratic meetings there, and the expres- 
sion of political sentiments by members of that party? 

Ansiver. I never knew a democratic meeting to be intermitted in any way ; I never 
heard of such an instance in all the State of Alabama ; by republicans, I mean. 

Question, Can other than political questions be freely and publicly discussed through-^, 
out the State without danger ? 

Answer. There is no doubt that religious questions, and all others outside of politics, 
can bo discussed. I have never heard of any difficulty. 

Question. Have you had occasion to hear any excuse or justification offered for these 
whippings, <S:c.? If so, what excuses have be^n given? 

Answer. Where the facts are known, the general excuse given is that the parties 
upon whom the violence has been committed are disreputable persons ; perhaps they 
are northern men, who, it is said, have used incendiary language to the negroes; have 
«'xcited the colored people against the white people ; or they may be native republi- 
cans who have done the same thing ; or they may be disreputable, persons. 

By Mr. Van Trump: 

Q,ucstion. Who are the persons who make these excuses? 



ALABAMA. 



69 



Ansicer. If you will read the democratic papers of the State you will find in them a 
full answer to that question. The democratic papers and the democrats of the South 
make those excuses ; in many cases they palliate and excuse the outrages, and say they 
are jiistitiable. After I had spoken in Lee County, although it has never been charged 
that 1 used incendiary language in any case in the three or four campaigns I have been 
engaged in, the Opelika paper justilied the treatment I received at Selma; and the 
Montgomery ^lail, a prominent democratic paper, quoted api)rovingly the article from 
the Opelika paper. 

Question. I do not understand you to say there was any violence there. I was asking 
you who made excuses for killing men. You say you went to Alabama in 1865 ? 
Answer. Yes, sir. 

Question. From where did you go? 

Answer. I went from this city, in the service of the Army. Maine is my native 
State. 

(Juesiiou. To what part of Alabama did you go ? 

Answer. I went first to Mobile, and then to ^Sloutgomery. 

(^>uestion. You were a member of the Fortieth Congress from Alabanui ? 

Answer. I was. 

()nesiion. When were you elected ? 

A}tswer. I was elected when the constitution was voted on, after the term of the 
Forti( th Congress had commenced. 

(>nesiion. You served for only a portion of the term ? 
A)iswer. Yes,/^ir. 

(Jne^tion. You have stated here that there were disturbances at political meetings in 
your district. Was that a new thing in your experience ? 
Answer. It was entirely new to me. 

(Inest'ion. Have you ev(M- been in Ohio or any other of the Western States : 
Answer. 1 have n<'ver been there during a political cami)aign. I nevt-r kncnv such 
tilings in Maine; republicans and democrats are tolerated there. 

Question. In what business did you engage when you lirst settled in Alalfama ' 
^ins'wer. I purchased a large ]>lantation, which I ikiw own, and have worked since 
that time. 1 will add that when I tirst went there I ha<l no pur])ose to take auy part 
in politics. 1 advocated tlie ratitication of the fourteenth amendment, under which 
the State ;it that time would have fallen under the control of the old rerjime. 1 ad\{)- 
cated it in the interest of ]!et'ice, ami not because it was all I wantiMl. 
Ques{io)i. You thought that was th(^ best way to reston^ i>eace f • 
xlnswer. At that time 1 thought it was the best way. 

By Mr. Blaiu : 

Question. You are now contesting a seat in the House uf Representatives (tf the Forty- 
secoiul Congress 1 
Answer. I am. 
Question. Against whom » 

Aiuswer. ^Ir. llandley is the sitting memb(U', who is returned as having been elected 
by some 3,100 majority. I have no doubt that in a fair election there the republicans 
would have from 1,500 to 2,0U0 majority in that district. There were several precincts 
where not a single republican vote was thrown, yet the colored vote there is ecpuil to 
the white vote, and almost all republican, whik^ there are many white republicans 
there. 

Question. Were there not large numbers of colored men who came over from Georgia 
and voted the re|)ublican ticket in Lee County ? 
Answer. I think not. 
Question. In several of the counties? 
Answer. I think not. 

Question, Is there not evidence to that effect in this contest? 

A nswer. No evidence from reliable men at all. I know what the evidence is, and I 
know the men who gave it. 

By Mr. Van Trump : 
Question. Is there such testimony ? 

Answer. I admit there is such testimony ; men have stated that a certain number of 
colored men came over and voted ; but we have shown that that is not so, that there 
is not a shadow of truth in it. Republicans are not in the habit of voting in that 
way ; we do not act on that principle. 

Question. You speak of your district, of course ; you have not heard of the border 
raids in Ohio ? 

Answer. I have not been in Ohio much during elections. 
Question. You think the republicans are i^erfect ? 
Answer. No, sir ; I think a great many are not. 



70 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Wasiiixgton, D. C, June 8, 1871. 

C. S. CHERRY sworn and examined, 
liy tbo Chairman: 

Qucstiosf. Have you lived in Alabama recently; and if so, in what part of the 

Answer. I lived in Chambers County, Alabama, up to the 12th or 13th day of Novem- 
ber last. 

QucstiotL IIow long had you lived there before that T 
Answer. I lived there all my life. 
Question. Are you a native of Alabama? 

Aiiswer. No, sir; I am a native of South Carolina, but my father moved to Alabama 
in 1839, when I was a ^niall boy, Hiree or four years old. 
Question. What caused you to leave the State of Alabama ? 

Anstcer. I left there three or four days after the election, for the reason that I war 
satisfied, if the democrats had carried the State, that if I attempted to live there, 1 
would not live three days longer. 

Question. What led you to that conclusion ? 

Answer. It would, perhaps, be a long story. 

Question. Give us the facts as they occurred, whatever they are. 

Aiiswer. I knew that if the democrats had carried the State and that congressional 
district, no republican who had taken an active part there for several years past, par- 
ticularly a white republican, could live in the immediate neighborhood in which 
I live. 

Question. WTiat facts came to your knowledge, or within your observation, that justi- 
fied you in forming that conclusion ? 

Answei\ I would have formed that conclusion anyhow ; but I received intimatione 
through a relative of mine, who is a democrat there, and a man of some prominence 
perhaps the second day after the election — the election, I believe, was on Tuesday, aiitl 
this was on Thursday evening, I think — that if the figures bore out the opinion the> 
then had, that the democrats had carried the State, it would not be safe for me to be 
seen in town another day. That was in the town of West Point, right there on the linf 
between Georgia and Alabama. My office was in a little town called Blufftowii, ad 
joining the town of West Point, and the State line is between the two. 

Question. Had there been, in that neighborhood in Alabama, any acts of violence 
toward republicans ? 

Ansicer. Not in that immediate neighborhood for some months. Some ten miles above 
there a colored man had been killed, a preacher, and a man somewhat prominent in 
the county as a republican. He had been killed some ten or twelve days before. 

Question. Were any threats made against you, or any attempts made against you, 
justifying you in the belief you have expressed, and in leaving there for that reason ^ 
Answer. There was no attempt made upon my life just at that time. But we num- 
bered about three white republicans, though our beat w^as largely republican. 

Question. Your beat ? 

Ansiver. Yes, sir; our precinct. It was known to the republicans, and democrats as * 
well, that what few white republicans were about there would be in danger* of theii 
lives. 

Question. What produced that imx^i^ession upon your mind ? Did anybody say so to. 
you ? 

Answer. I received intimations from a friend, who is a relative of mine by marriage,^ 
and a democrat. He came out to my house, I think on Thursday evening, about » 
sunset. . 

Question. Was that the only intimation you had? 

Answer. No, sir ; several colored men told me that if the democrats had can-ied the 
State I could not live there three days. They were prominent colored men, who I 
knew were well posted, and had heard things I could not hear. 

Question. Had you taken any part in the canvass? 

Answer. Yes, sir; an active part. 

^Mes/ioM. In what way? ^ 
Answer. By doing all I could for the ticket. 

Question. In traveling through that part of the State, were you molested in any 
way ? 7 t7 .7 

Answer. 'So, sir; I did not make any speeches ; I went with our candidates through 
tlK^ county. I was assistant assessor of internal revenue, and had been for some 
years. » 

Question. Had any threats been made to you personally, while you were traveling in 
that canvass? ./^ © 

Answer. I do not remember, there were so many threats thrown out : I do not remem- 
ber wliether any were thrown to me personally or not. I think I have had it said to 



ALABAMA. 



71 



nui personally that if the democrats should succeed in turning the tide there and 
taking the State out of the hands of the republicans, none of us could live there. 

Question. Were the reasons you have given, your only reasons for leaving the State, 
or did you leave for other reasons ? 

Ansiar. Principally lor the reasons I have given you, A little difQculty occurred on 
the evening of the election between myself and a young democrat ; not a difficulty 
exactly ; only a few wo?ds were said. lie was registering, and I was sitting by, and 
asked 'him if he was twenty-one years of age. I knew he was, for I had known him 
almost since he was born ; I said it only as a jest. I saw that he took exc<'i)tion to it, 
and shortly after I called him outside and told him that I intended it only as a .joke, 
and thought I had known him long enough to joke him a little ; but, as he did not 
seem to like it, I was sorry I had done it. He said the thing had got too serious for 
joking — that it bad got past where it would bear any jokes. lie sceujcd not to like it, 
yet he said, " Never mind, just let it drop ; say nothing more about it." He was one 
of a large family of brothers. There were some seven or eight of them, some tlu'ce or 
four of whom wer(^ younger than he, who put out some threats which, from the char- 
acter of the men, I knew they would execute. I called one of them on(^ side on the 
day after the ek'Ction, and told him of the circumstance of the day before, and said to 
him that I was never more surprised at anything than that his l)rothei' should have 
taken exception to my remark ; that I meant nothing by it but a joke, and had ai)olo- 
gized for it. I saw that he was not satisfied and was determined to have a dilliculty. 
1 knew that if any difficulty started, in the state of public sentiment there, it would 
most probably end in my being killed. 

Quaation. Was it the personal difliculty between you and that young nuin, or the ap- 
prehension growing out of the existing state of public sentiment there, that led you to 
leave? 

AitsH'cr. It was mostly on account of my apprehension iVom the existing state of pub- 
lic sentiment. 

Quesiion. What was that existing state of publi<' sentinu^nt to which y(Hi refer? 

Answer. I do not know exactly what answer your (piestion would recpiire. 

Question. Was it safe on either side for men to utter their ])olitieal sentiments thert^? 

Ausiver. It was ])erfectly safe so far as the d<unocra(s were concerned for them to ut- 
ter their i)olitical sentiments, and they did it very openly and i)iiblicly ; but it was not 
safe for rei)ublieaiis to do so. 

Question. Upon what facts do you base that statement f 

J?KS'?m% I have seen so many'of them grossly insulted just for simi)ly saying they 
were re])ublicans, or something to that efiect. If they luul retortt^l in tlu^ same man- 
ner they would have got into serious diffieulty. I have seen that so ol'teii, for so many 
years, that I know it. There were very few men, even of thos<' white men who soIn(^- 
times votrd the rei)ublican ticket, who dared to come out openly and declare them- 
selves republicans. 

Question. Had there been, in the county in which you lived, any whippings or 
SQf)urgings by men in disguise? 

Answer. No, sir ; 1 do not think there had been for some months i)revious to the elec- 
tion. The murder of this old colored man, some eleven or twelve miles above where I 
lived, I think was the only assassination for some months i)revious to the election. 

Question. Was that done by disguised men ? 

Answer. No, sir ; as least so said an old white lady, who was teaching school there at 
the time, and who made her Cvscape. She said she knew three of them, young men 
living in the neighborhood. I think she said there were eight of them in all. 

Question. Was there any i)olitical reason coniK'cted with that assassination ? 

Ansnxr. The colored man was a man of some prominence as a repiibli».'an. He was a 
man of character, and had been a preacher tluu^e ever since my earliest recollection. 
This old white lady was teaching a colored school in the neighborhood and boarding at 
this old colored i>reacher's house ; that is, she had a room there, and they prepared her 
meals and sent them to her room, so I suppose you might say she was boarding there. 
She could not go anywhere else to board ; that is, with any white family in the neigh- 
borhood, 1 think she said. The school had been under way about a month, I under- 
stood, when this crowd went to the house at night and called out this old i)arsou, 
Trammell, and killed him. The old lady said she was satisfied they would have killed 
her if she had not made her escape as she did, in her night clothes. 

Question. Was any other explanation given of that murder? 

Answer. None were given to the friends of the party ; we all knew what it meant. 
Question. Were any of that party arrested or tried ? 

Answer. I think none were arrested. A coroner's jury was summoned and held an 
inquest on the body ; so I heard a man say who acted as the foreman of the coronci^'s 
jury. 1 think the finding of the jury Avas, that he came to his death by the hands of 
some persons unknown to the jury. 

Question. Did you live in the county town ? 

Answer. No, sir ; some eight or ten miles from the county toAvn. 



7f CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Questioyi Were any persons arrested for that offense, do you know ? 
Ansicer. I know there were not. 

QitesiiotL Have yon stated all that you know concerning the existing state of things 
in that portion of Alabama? 

Ausu'cr, I have answered just such questions as you have asked inc. 

Question. Docs what you have stated comprise all that you l^ow about the existing 
state of things there ? 

Auswcr. I might remark, in t4iis connection, that after I left there I learned from the 
deputy collector, who had an olBce with me, and had had for four or five years, that a 
few days after I left, a raid came to his office, but he managed to escape. They destroyed 
his papers and tried to set lire to the house in Avhich the office was, but some colored 
women who were in the back part of the house put out the lire after they left. The 
other man who is living there, the only other white republican, thought that an attempt 
was made to injure him, for they threw a rock through the window of his house in the 
day-time, and struck one of his children while they were sitting at the dinner table; 
but it did not hit him. We were the only white republicans, three of us, in that pre- 
cinct J that is, well-known republicans. There were some other men there who per- 
haps voted a part of the republican ticket— voted for some of the members of the leg- 
islature ; there were perhaps one or two who did that. 

(Jucstion. Have you been back in Alabama since you left in November last ? 

Atmccr, No, sir, I have not, and I do not expect to go back, if I can help it, until 
there is a different state of affairs there. 

Question. You have no personal knowledge of v/hat has transpired there since you 
left, or what is the state of things there now ? 

Ansicer. No, sir. 

By Mr. Van Trump : 
Question. Where do you live now ? 

Answer. In this city ; I am a clerk in the Census Bureau. 
Question. When did you get your appointment there ? 
Answer. In the latter part of February, I think it was. 

Question. Did you know, when you came here, that you would get that appointment ? 
Answer. 1 did not. 

Question. What business did you follow in Alabama ? 
Answer. I was a school teacher, and taught school. 

Question. The only intimation to you that there was danger in your staying there 
wa« from that relative of yours f 
Answer. No, sir ; I had other intimations. 
Question. What other intimations? 

Answer. I had other intimations from two or three colored men. 
Question. I was referring to intimations from white men. 
Answer. That was all. 
Question. What is his name ? 
Answer. I would rather not give it. 
Question. I would rather you would give it. 

Answer. 1 would rather not give it ; he still resides in that neighborhood. 
Question. According to your theory there is not much danger to him, is there ? You 
say he is a democrat. 
Ansirer. Yes, sir. 
QuesiioHi I want his name. 

Answer. He Avould not like'me to give it, I know. It was told to mo confidentiallv,, 
very confidentially. 

The Ctiairmax. I think the question is a proper one. We want all the information 
that will throw any light on the subject of our investigation. 

By ilr. Van Trujip : 
Question. What relation is he to you? 
Answer. A great-uncle. 
Question. How old a man is ho ? 

Answer. He is some seventy-four or seventy-five years of SL<^e. 

Question. What is his post-office address? 

Answer. Bluffton. 

Question. In what county is that ? 

Answer. In Chambers County. 

Question. I want his name. 

The Witness. I would like to ask the chairman if the evidence I give, or that wit- 
nt^Bses are in the habit ot giving here, is to bo published ? 

X ^"i^i^^^^-^^^- We do not expect to publish it at once, but the testimony will all be 
reported to Congress, and I have no doubt that the testimony of every witness will 



ALABAMA. 



73 



eventually be made public ; that is our expectation. In the judgment of the ehainuan. 
the question put to you by ]Mr. Van Trump is a proper one. 
The Witness. I will answer it if you say I must. 

By Mr. VaxTkump: 

Quesilon. It must be as evident to you as to anybody else that the fact that your great- 
nneledid communicate to you what you say he did, docs not rcllcct upon any indivuluul 
person there. 

Jihswer. No, sir ; but all these things are picked up and read witli avidity there. 

Question. Yon have said, in your examination-in-chief, tliat this rclativ4' of yours 
came to you and told you that you had better leave, if the democrats had succeeded 
there. 

Answer. Yes, sir. 

Question. Was that all he said ? 

Answer. I do not know that that was all. 

Question. Did he say that any particular persons there would injure you? 
Answer. I do not remember whether he spoke of particular persons or not. 
Question. Do you not know that he did not i 
Answer. I cjinnot say that I know he did not. 

Question. What is your best impression now ; that ho said generally that if the 
democrats had carried tbe State you had better leave ? was not that what you have 
stated here, and was not that about all he did say ? 

Answer. That is not all that he did say : but tbat is what I stated. 

Question. Did he name any persons who would interfere with you ? 

Answer. I cannot remember, to say })ositively, whetlier he did or not call over the 
names of particular men. It was jjrctty well known there, Ihougli, who wen^ Ihe men 
to do that kind of things when th<'y concluded t(Mlo them ; it was pretty well known 
to him and to me both. 

Question. The actual persons, yon Uican ? 

Answer. Yes, sir; the men put forward to do things of that kind; those who were 
generally charged with it. 

Question. Give us the names of some of those gentlemen, or of those men, if you do 
not consider tliem gentlemen. 

Answer. They might [])ausing.] 

Question. They might what? 

Answer. It might not be very proper to give their names, because they did not com- 
mit the overt act. But 1 say it was }>retty well understood who wouhl be the men to 
do that kind of things, if done at all. 

Question. Hum it was a public thing there, if ^'pretty well understood;" give us 
the names of some who would be likely to do those tilings. 

Answn'. I would not like to do it. 

Question. You say you do not intend to go back there until things are settled ? 
Answer. No, sir ; I do not. 

Question. What danger, then, in giving us their names now? 
Ansiccr. I shall have to go back there some day. 

Question. You say you hope to go back there when things are settled ; what is your 
opinion of settled things f 

Answer. It might still be attended with some danger to give people's names. 

Que>ition. I will not insist upon their names, as you do not make any si)eciiic state- 
ment that they have done anything, but I want the name of the gentleman who told 
you that you had better leave there. 

Answer. I am very loath, Mr. Chairman, to answer that question, to give his name ; 
I am very loath to do it ; I do not like to do it. 

Question. What were your politics before you were api)ointed assistant assesscu' in 
Alabama? 

Answer. I was a Union man before there was any republican party organized in the 
State. 

Question. I mean before the organization of the republican party there. 
. Answer. That is Avhat I mean ; I Avas a Union man before the organization of the 
republican i)arty. 

Question. Was there any party before that time, known as the Union party? 
Ansiver. There was in our county; there was no party known by the name of re- 
publican party until 1867, that I remember. 

Question. You say there were only three white republicans in your precinct ? 
Answer. That Avas all. 

Question. What was the population of the precinct? 

Answer. I think the white voting population of the precinct was one himdred and 
sixty and odd, and the colored voting population, I think, was some five hundred and 
twenty-five. 

Question, Who manages the negro vote there ? 



74 



CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Aimcer, They have some promincDt men among their own number ; men of some 
prorainonce among themselves who can read and write. 

Question, And notwithstanding that preponderance of political power on the part of 
the negro population there, you say yon have known of bnt one negro attacked for 
several years past in all the excitement of all the elections there. 

Jrwim*. I did not siy that? . ^ 

Question. That is what I understood you to say ; you gave the instance of the old 
negro man who was killed. 

Answer, He did not live in our precinct. 

Question. He lived out of your precinct ? 

Answer. Yes, sir; some ten or eleven miles off. 

Question. Have there been any negroes molested in your precinct? 

Answer. Yes, sir; there have been a number of molestations there. 

Question. Why did you not give them in the first instance, when the chairman 
asked you the question? 

Answer. I thought he was asking me about events that occurred just about the time 
of the last election ; not what had occurred during several years past. 

Question. I mean the last election and the election before the last. 

Answer. I was not asked the question ; that is the reason I did not allude to them. 

The Chairman. You did not understand my question ; I asked you what eases of 
that kind had taken place before yon left there. 

The Witness. I thought you meant immediately in connection with the last elec- 
tion. 

The Chairman. In regard to the name which Judge Van Trump has asked you to 
give, it is proper I should read to you the act of Congress on the subject of witnesses 
before committees. The act provides " That any person summoned as a witness by the 
authority of either house of Congress to give testimony, or to produce papers upon 
any matter before either house, or any committee of either house of Congress, who 
shall willfully make default, or who, appearing, shall refuse to answer any question 
pertinent to the matter of inquiry in consideration before the honse or committee by 
which he shall be examined, shall, in addition to the pains and penalties now existing, 
be liable to indictment as and for a misdemeanor in any court of the United States 
liaving jurisdiction thereof, and, on conviction, shall pay a fine not exceeding $1,000 
and not less than §100, and sufier imprisonment in the common jail not less than one 
month nor more than twelve months." Now, Judge Van Trump has put a question to 
you, and it is for the committee to determine whether it is a pertinent one. I have 
already expressed my opinion that it is. 

The Witness. I do not wish to be contumacious about it ; I am ready to answer the 
question if it is insisted on. I will qualify the part of my statement in regard to the 
gentleman being a democrat, for that perhaps is going too" far. He is not understood 
!x) be a republican ; he has not taken part in politics since the war. I do not think ho 
^as ever registered or voted since the war. He certainly is not a republican. If you . 
want to know his name, and say that it is a pertinent question, I will give his name, 
though I say I dislike for various reasons to do so. He is a relative of mine. 

The Ciiairjlvn. I have already said that I think the question is a pertinent one. It 
is a question for the whole committee to determine. 

Mr. Pool. I think the question is a proper one, and that the witness should answer 
it if Judge Van Trump insists upon it. 

Mr. Stevenson. I suppose, as a matter of practice, that every question should be^ 
regarded as admissible and pci-tinent, unless o'bjection be made to it and the objection . 
sustained, 

The Chairman. I think that would be a very good practice. ^ 
The Witness. His name is Colonel George Reese. I will also state in that connec- 
tion that his advice to me was given with particular respect to the difiiculty I have 
mentioned as having occurred between myself and a young man on the ovenin'g of the 
election. 

By Mr. Van Trump : 

Question. Why did you not state that before ? 
Answej'. 1 did. 

Question. You mentioned generally that he advised you to leave. 

Answer. It had a political connection, too, at the same time. He knew that any dif- 

Qculty I should get in there at that time 

Question. You can make any explanation you wish. 
Answer. That is what i wish to do. 

Question. Did you not say, in the first place, that this relative came to you and said 
that if the democrats had carried the State you had better leave ? 
Atmcer. Yes, sir; that is my impression. 

Question. And you wish noAV to say that he advised you to leave because of your dif- 
iiculty with that young man ? 
Ansiver. I say that had some connection with it. 



ALABASIA. 



75 



By tlie Chairman : 

Question. If you misapprehended my question to confine your answer to events that 
occurred at the time of the last election, I will state that that was not my intention. 
You can state your knowledge of events occurring during the last year. 

Ansiver. I do not think we had any election before that during that year. 

Question. State any events occurring during any election, showing the state of feel- 
ing in the community affecting the security of j)erson and property. 

Anstcer. I do not particularly remember any event of the kind occurring withm the 
year. At the previous cjeneral election there was some disturbance, at the time of the 
presidential election. Some negroes were knocked down, I think, or something of the 
kind ; I can hardly recollect what. There was a great deal of disturbance. 

Question. On the day of the election ? 

Answe7\ On the evening of the day of election, a great deal of disturbance. What 
has occurred in the mean time I have forgotten. 

By Mr. Yax Thump : 
Question. Are you old enough to recollect scenes at elections before the war? 
Answer. Yes, sir; I can recollect something about them. 
Question, Were there not frequently knock-downs on the day of election ? 
Answer. Yes, sir. 

Question. Were they not common in the South as at the North ? 
Answe7\ I do not know whether they were common there or not. 
Question. Had you any trouble in the execution of the duties of your office as assist- 
ant assessor of revenue ? 
Answer. No, sir. 

By Mr. Pool : 

Omsiion. Are there any organized bands of men in that county who go about neigh- 
borhoods in disguise ? 

Answer. I do not know whether there is or not. I have never seen any band of men 
in disguise tliere. As I say, on the evening of tlie Grant election I was not at that 
precinct ; I was at the Cusseta precinct, about nine miles from there, A band of dis- 
guised men rode tli rough the little village in whicli our precinct is situated. 

Question. While the election was going on ? 

Answer. It was about sunset in the evening, and the jxdls Avere elosinl al)()ut sunset. 
I do not know wliether the polls were closed then or not. I di^l not see the band; I 
heard of them. 

Question. Have there been any whippings in that county ? 

Answer. Yes, sir; there have been whippings there at different times, but I can 
hardly recollect now at what times they occurred. The most of the acts of disorder 
there were scxm after the close of the war. 

Question. Have there been any whippings in that county within the last twelve 
months °/ 

Answer. I think there have been. There was a case of whipping there right in our 
neighborhood within twelve months, I think. 
Question. Who did it ? 

Answer. Some young men about town there. They whipped a colored man. 

By Mr, Van Trump : 
Question. Were they disguised ? 
Answer. I think not. 

Question. Was it in the day-time or at night ? 

Answer. It was in the night-time I heard them talking about it ; they had the parties 
up before some otiicer of the corporation and inflicted some fine, I think. 

By Mr. Pool : 

Question. Do you kno w of any other whippings within the last twelve months ? 

Answer. 1 do not recollect any at this time — none that excited any notoriety or talk ; 
there generally has to be something outrageous, something pretty bad, to excite any 
talk or comment. 

Question. You do not know that within the last twelvemonths there have been men 
in disguise in the habit of occasionally riding through portions of your county? 
Answei\ No, sir ; I do not at this time recollect any within the past year. 
Question. What county is that ? 

Answer. Chambers County, in the eastern part of the State. 
By Mr. Cobuj^x : 

Question. Do the people in that country, either white or black, carry arms ? 
Answa-. I reckon most every white man keeps a gun about his house, as also do a 
great many colored men, I think ; but I have rarely seen anybody going about on the 



76 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



road with a gun on liis slioulder ; if lio liad a pistol I did not know it ; it was concealed j 
but almost every head of a family has a gun about his house. 

By ^Ir. Poor. : 

Qucstioju Have you had any personal indignity offered you within the past year? 

Answer, I do not remember; I think it has been about twelve months that I was in 
the lower corner of my division, which was also in my county ; there was an old man 
there, who had been drinking, however, and when I called by there to attend to my 
business he took occasion to* curse mo as a damned radical, and all that sort of thing, 
and to ask what kind of tax would the damned Yankees put*on us next; I paid no 
particular attention to him, as I saw ho had been drinking; he had cursed me once or 
twice before, and had some grudge against me ; something about looking into his dis- 
tillery a year or two before. 

By Iklr. Vajs; Trump : 
Question, He offered you no personal violence ? 
Answer, He did not strike me. 
Question, Were there others around there ? 
Answer, Yes, sir. 

Question. Was there any attempt to get up a row ? 

Answer. No, sir; he had it pretty much all to himself; he said he knew my family 
and where I was born, and that I w as of too good a stock to be a radical ; he cursed 
mo until I left ; there were but two or three little business houses in the place, and I 
was not there long; he was not more violent in that way than the rest of his party; 
ho showed it a little more when he had been drinking. 

By Mr. Pool: 

Question, Have you heard any threats made against the colored people within the last 
year? 

Jnsiver. No, sir; if any had been made against them I would not have been likely to 
hear them ; they would not be likely to make them in my presence ; a number of colored 
men have told me of threats made against them. 

Question, What was the character of the threats ? 

Ansiver, That they would be killed or taken off and whipped ; that they would be run 
off the plantations they were living on, and all that sort of thing ; I know quite a 
nimfiber of prominent ^colored men who did not sleep in their houses there for more 
than a month after the election ; I do not know that they all sleep in their houses yet. 

Question, Did they sleep in the woods ? 

Answer. I suppose so; off somewhere other than at home. 

Question, Have their houses been visited ? 

Answer, Yes, sir. 

Question. Within the last year ? 

Answer. Yes, sir ; right after the election ; I do not believe I have heard from any ' 
of them since the last of December, or the first of January. 

Qiie^Htion. Visited by whom ? * 
Anmi-er. They did not know, or at least they did not say who. 
Question, By men in disguise ? 

Answer, I do not remember whether in their communications they said they were 
disguised or not ; perhaps in one instance they were disgiiised ; I am not sure of that, 
however. 

Question. Were any of their houses broken open ? » 

Answer. I do not know whether their houses were broken open or not ; they did not 
mention it ; I suppose not, or they would have mentioned it. 

Question, Were those visitations frequent, or only in one or two instances ? 

Answer. I cannot say how frequent they were, for I have received letters from only 
two or three of them. 

By Mr. Van Trump : 

Question, You have received letters, then, since you have been here ? ^ 
Answer, Yes, sir. 

Question. From negro men in Alabama ? * 

Answer, Yes, sir ; and some I hear from through white mon mentioning the circum- 
stances. 

By Mr. Stevenson : 

Question, Did they attribute these things to Ku-Klux ; was there anything said 
about Ku-Klux ? • ' ^ » 

Answer. The term Ku-Klux there is sort of understood to cover all political outrages, 
all these political disorders. They are sort of called Ku-Klux whether men are in dis- 
• guise or not 



ALABAMA. 



77 



By Mr. Van Trump: 
Question. Is there not something going on in this eity now called Kn-Klux? 
Answer. I have seen something about'it in the papers; I saw the heading ^'Ku-Kliix" 
in the paper this morning. 

By 3^Ir. Stevenson : 
Quesiion. I want to know if that term is mentioned there? 

Ansivn: It is common among tlie eolored people there to say they are afraid of the 
Kn-Klnx. Bnt I do not think there htive been but few bands of men in disguise going 
through there committing outrages. 

Question. There has been but very little regular Ku-Kluxing ? 

Answer. If that is what you call Ku-Kluxing. 

Question. That is what is understood by the term Ku-Klux; " secret societies of men 
going about in disguise : that is a part of the proper delinition of " Ku-Klux." You 
say the term was coimnonly used there, and that there was a generul ai)prehension of 
them among the colored people. 

Answer. Yes, sir. 



Washixgtox, D. C, June 9, 1871. 

LEWIS E. PARSONS sworn and examined. 
By the CiiAimiAX : 

fJu(ytion. Please state to tlie committee whether you reside in the State of Alabama 
and if so, in what part »)f the State. 

Answer. I reside at Talladega, Alabama. 
Question. How long have you reside<l there? 

Anxjrer. Since ISIii.); and 1 havr residtMl where I now live since April, b-^IO. 
(^>uestion. What jiublic positions, if any, have you held in Alabama since the close of 
the war ^ 

Answer. I liave held none except that of provisional governor. 

(^fnestion. Please go on, and state- whether you have been called ui)()n in any capacity 
to make iiKpiiry into any disturbances or nnn-(hMs alh'ged t() have occurred in the 
State: if so, to wluit extent di<l you make iuipiiry, and what was th<' result of that 
in(]niry / 

Answer. The gOA'ernor of the State emjdoyed my i\vn\ to ]U'()secute on behalf of the 
State certain ]iers(>ns charg<'(l with the mn] <ler of William 0. laike, a white man and 
a school teacher, and four colored men naujcd Tony Clilf, iierry Harris, C'a\sar Frederick, 
and William Hall. In tlu' course of the investigatiiui it was i)rove.n that on the same 
night, and by the same ban<l of disguised men, juiother colored nuin by the name of 
Esst'X Hendricks was put to death by luuiging and shooting, for lie was both hanged 
and shot, about four miles from where these others were ])nt to dt"ath. 

(Question. Please give the date of those occurrences, and the date of the investigation. 

A}>swer. The nnirders were jxu-pctrated on Monday night, the 11th of July, 1S70, near 
a little village called Cross Plains, in the county of Calhoun. 

Quext)on. At what time <lid you proceed to make this investigation ? 

Ansfvcr. The governor convened a court, or requested a judge of tin' supreme court, 
who, under our constitution, has jurisdiction coextensive v» iUi the vState, as a conserv- 
ator of the ])eace, to goto tluit county and hold a court of investigation under our 
State law. He went there on tlu^ ^th of August, 1S70, about a nu)nth after the nmrders. 
The governor also attended ; General Crawford came also, at tlu; re(piest of the gov- 
ernor. When we got there we found that it was necessary to nuike an investigation 
in the best manner we could for the purpose of ascertaining who were probably con- 
cerned in the nmrder. For some reason, the white inhabitants, with one or two excej)- 
tio]]s, neith<'r came and olfered any information, nor, when called u]»on, expressed any 
willingness to develop anything that they did know. Such intbrmation as could be 
()]»taincd led to the arrest of niin^ persons,"upou warrants duly issued, on atlidavit, by 
Judge li ters. Do you wish the names of the parties arrested ? 

Question. You will please give theyi. 

Answer. Their names were William Estes, Thomas I. Estes, Samuel Slaton, John 
Farmer, Shields Keith, Patrick Craig, John W. Xeighbors, George Dempsey, and one 
other whose name I do not now call to mind. These men vrere arrcrsted upon warrants 
charging them with having been concerned in the murder of these live men, Luke 
and others. The live men, to wit, ^Villianl C. Luke, and Uui i\mv colored men 
whose names I gave, were in the custody of the sheriff; Luke and three of the 
colored m4^n upon the charge of having b<'en concerned in shooting at some peoi>le 
returning from church, ladies and gentlemen, ^lerhaps some children, on Sunday night, 
till' 10th of July, the Sunday night previous to their murder. William Hall was not 
charged with any fault, except that on ^Monday night, after dark, he was taken from 



78 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



his home, while sitting upon his door-step, and while his wife was engaged m prepar- 
in"- supper, by a body of armed men, who caiyied him off, because, as they said, he had 
o-iven information to some other colored men they wanted to arrest, on the ground 
that they had also been engaged in the shooting the night previous, and that informa- 
tion had enabled those men to get away. His wife testified on the trial that she begged 
them not to take him away, and when they told her that she must go back, and if 
she did not, they would "shoot her head off," her husband said to her, "Good bye, 
wife* if I never see you again, take good care of our child." She said she never saw 
her husband a<'-ain. He was carried to and put on the platform where these others 
were in the keeping of the sheriff and his dei)uty, and was taken off by the crowd of 
disn-uised men, and put to death along with the others, and at the same time. William 
C. Luke, Tony Cliff, Berry Harris, and Caesar Frederick were arrested on Monday during 
the day by virtue of a warrant, issued by a justice of the peace, named Neighbors. Ho 
and another justice, named Steele, held an investigation a little before sundown on 
I^Ionday evening, and they decided to commit those persons to the custody of the 
sheriff for- safe-keeping, until the next morning at 9 o'clock, when the court would 
again assemble. The justice said that the evidence on the part of the defense had 
been closed, but that there was other evidence on the part of the State. For that reason 
he adjourned the court, and directed the sheriff to summon a strong guard, and to 
keep the prisoners safely until the next morning. During the day of Monday, early in 
the morning, in making the arrests of these persons, a negro named Jacob Moore was 
arrested, but he attempted to escape. They had not taken out any warrant for him 
at that time; did not obtain it until later in the day. .When he was attempting to 
escape they ordered him to stop, and he not obeying the order, one of the erowd shot 
him in the rear, and he was wounded so badly that the physician said on Monday 
evening, when the other prisoners were committed to the sheriffs keeping, that ho 
would probably die before morning. They accordingly left him in the school-house, 
where the examination had been had, without any guard, except that a couple of negro 
men were detailed to watch him and wait upon him. 

By Mr. Van Trump : 
Question. The negro was arrested and shot by the State authorities ? 
Armver. No, sir; the arrest was made in the morning before the warrant was ob- 
tained. 

Question. It was done by authorities representing the law ? 

Anstcer. No, sir; it was simply a voluntary arrest on the part of the citizens. They 
said they thought there was danger of the negroes getting off on the train going south, 
so that they could not be arrested when the warrant should be obtained. They obtained 
a warrant for this man and the others at as early an hour as they could get the justice, 
Mr. Neighbors, to come into town and issue it. This negro, Jacob Moore, was examined 
as a witness on the trial. He testified that during the night, while he remained in the 
school-house, various persons who wore unknown to him eame to the house, and also 
one who was known to him, to wit, Patrick Craig ; that he did not himself think that 
ho should die, but that he made out that he was very badly off, because he was afraid „ 
that, if he did not, they might take him off with the others, and he thought he was 
safer to remain where he was, under the impression that he wohld die before morning 
any way. This man identified the man who shot him ; my recollection is that he said 
Shields Keith was the man who shot him when he attempted to run. 

By Mr. Blair : 

Question. At the time of his original arrest ? » 

Anstcer. Yes, sir ; when he was arrested in the morning about daylight, by a party ^ 
of men who at that time had no warrant, but subsequently, as soon as it could be done, 
got a warrant and had him duly arrested. He was returned as arrested under the war- 
rant, (hough up to that time they had no warrant. 

By the Chairman : 
QueMion. These are the facts, as disclosed upon the examination ? 

Answer. Yes, sir. The court commenced this investigation on the 8th day of August, ^ 
but arrests could not be made for a number of davs, in consequence of not having the 
necessary information upon which to base affidavits. But finally the information was 
obtained, affidavits were made, the arrests were made, and the trial proceeded, the evi- 
dence, as required by our statute law, being taken down in writing. Some one hun- 
dred and thirty or one hundred and forty witnesses were examined, and the investiga- 
tion finaUy closed in October, about the 12th or 13th. This was an investigating court 
lor the purpose of deciding whether there was probable cause for believing, first, that 
an offense had been committed, and, secondly, whether there was probable cause for 
believing that these parties were guilty, and ought to be held for trial. When the 
court adjourned m October, the grand jury of Calhoun County was in session, and, 
as the law requires, the testimony was sent to the clerk of the circuit court, to belaid 
belore the grand jury, and the witnesses were all recognized to appear there to 



1 



ALABAMA. 79 

testify. But the grand jury of Calhoun County declined to find any bill against any 
of these i^arties, but they did find a bill against Jacob ^Moore, for assault with intent 
to kiU. 

Qifcsiion. Was Jacob JMoore the man who was shot ? 

Aiiswa'. Yes, sir; early in the morning of Monday, by a party of men who came 
down from Cross Plains to Peytoua, to make arrests, because, they saitl, they feared the 
negroes would go oft' on the train that morning, before warrauts eouhl be obtained. 

Qucbiiou. I*lease state whether that investigation disclosed the cxistenee, in that 
county, of any organizatiou known as the Ku-Klux ; if so, to what extent did it dis- 
close the organization and the manner of tluMr operations ? 

Answer. The State- examiued a witness nanu'd Lewis M. Force, wlio ])roved that he 
had been a member of the Ku-Klux Khui. Ih^ stated that the orgauizatiiui in Alabama 
numlxued from eiglit to ten thousand members, and that it had from ten to twelve 
thousaud members in Georgia, where he was initiated, with hea(l(pun't(as at Athmta ; 
that the object of the organization was to control the negro vote, and to defeat the 
republican party in obtaining oftices. 

By Mr. Van Tuump: 
Questioti, What has become of Force ? 

Atmccr. I do not know where he is now ; I suppose he is in that section of the 
country. I asked hiiu how lu^ came to join that (U'der, and, having joiiuHl it, why ho 
withdrew from it. lie said that he joined it for the purjiose of o])taining aid froni the 
organization to i)rocure the arrest of a man wlio liad connnitt(Ml a rape on his little 
daughter, about eU'ven or twelve years old, if I remember correctly ; that he succeeded 
in arresting the nuiu, after a very long and tedious jjursuit of him. 

By Mr. r,LAiii : 
Quesiion. Was he a bkack man ? 

Answer. No, sir; he was a white man. lie had him arrested and lodged in the jail of 
Cherokee County, Alabama. The witnc^ss further testilieil that shortly after this uian 
was put in jail — I am giving wliat he testified, not wliat I know myself, except 
as he stated it — he was called on by the klan to aid in lil>erating this man ; that the 
reason given Ibr it was that the nuin and his IVitMids had, during th(^ i>revious y<>ar, I 
think it was, aided in liberating tVorii jail the hoiid man of the ordei*, who was in jail 
in Chattooga County, (Jeorgia ; Sunimerville is the county seat, I think. 

By]\Ir.BLAiu: 
Question. Did he tell tln^ name of the man ? 

Answer. Yes, sir; but it has escapcil my memory. I can ascertain it, if desired, by 
reterring to the m)tes of the evidence ; 1 think I luive it. That circninstance being <>f 
such a character as to be of ])ublicity, 1 learned from the United States ofticers, then 
present, that the thing had occurred ; that the liberation of that man had occurred at 
Summerville, in Chattooga County, as the man Force said, and tlu^ very man that h(i 
said. Mr. Force was not known ])rior to that time, and I did not know how much 
weight (night to be accorded to his evidence. 

By tlie CllAlRMAX : 

Question. Did he disclose the.mnnner of their i)roceeding when he was initiated, and 
how they i)roceeded on their raid 

Answ(r. He described it very much as it is generally understood ; that he took an 
obligation, of which he gave the substance ; that he went out the same night he was 
initiated, and was present when a negro man was called out of his house and whipped 
by the gang then i)resent; that they whi])ped him after having made him dance souic 
time, and admonished him to behave himself better in the future. 

Questi^m. Were the defendants represented by counsel at that examination ? 

Ayiswcr. Yes, sir ; a fu'ui of very abh^ gentleuK^n, General William Henry I'orney and 
Chancellor Foster, who were then practicing law in partnership, i-(q)icsented them. 

Question. Did this man disclose the names of other jjcrsons who were members of that 
organization if 

Answer. Ib^ ga^ e the names of those known to him, but they were residing just across 
the line in Georgia, not within the reach of the subpauias of the court ; only a few- 
miles distant, however, compared with the distance from which some of the witnesses 
were summoned. 

Quctition. Were any of them produced to contradict or corroborate his testimony ! 

Answer. No, sir, we did not obtain any of them, and the defense did not offer any 
evidence iu regard to the existence of the klan. ^>ro or eon. 1 believe they did not eveii 
cross-examine Force; I think they declined to ask him any questions. ' 

Question. Did he go on and state whether he had released that man from i^rison who 
was charged with the rape of his daughter ? 

An.su-er. No, sir ; he came down to this court to obtain the necessary force for the .safe- 



f;0 CONDITION OF AFFAIUS IN THE SOUTHERN STATES. 



keeping of the luan, and ho was taken from that jail by order, and pLiced in the jail 
Df Jacksonville for safe-keeping, is my recollection. 
Qveaiion. He declined to assist them in liberating liim? 

Armcer. Yes, sir ; and he said that be told them that if that was their purpose, to 
release men charged with sncli olfenses as that, he would have nothing further to do 
with the organization. The man was subsequently indicted at the fall court in Chero- 
kee County for the rape ; he obtained a continuance of the trial of his cause until the 
last spriu^^' term. I have never learned what was done with him. 

Qui'siiou. Did Force state the strength of the order in the county in which these mur- 
ders took i)lace of which you have spoken? 

Ati8wn\ I do not think he did. 

(^uesiion. Wliat is the political character of that county? 
Jimrer. The county of Calhoun? 

Question. Yes ; the county in Avhich you say the grand jury declined to act ? 

A7isH-er. In 18G0 the county voted, I think, by two thousand votes, or two thousand 
majority, for Breckinridge and Lane. It has always been a very decided democratic 
county, and I suppose is more so of late, aside from the colored vote. 

Question, What is the proportion of white and colored population in the county ? 

Auswa-. The white population outnumbers the colored; the exact proportionjiow- 
ever, I am unable to state ; but it outnumbers it largely. 

Question. Does your statement embody the result of the examinatian, so far as this 
question of organization and crime is concerned, in that county ? 

Answer. What I have already stated is all the information we had of the general 
organization of the Ku-Klux Khin. But the proof in the progress of that trial, in re- 
gard to the operations of that klan, or of persons who were wearing the disguises, 
which it is understood the klan generally wears, showed that they had been operating 
all through that county and Cherokee County, at various points, and some up in North- 
ern Alabama, ever since the year 1863. During the election in 1868, there was some 
manifestation by the klan in Huntsville, wiiere a man Avas killed while standing on his 
door-step ; not the man, however, that they intended to kill, as was subsequently shown, 
lint in regard to this immediate vicinity of Calhoun County and its surroundings, the 
proof shows that in repeated instances colored men had been taken out and whipped 
with hickory withes ; sometimes beaten very severely with canes— not a fair whij) — and 
with other instruments ; that they had been shot, in some instances seriously wounded, 
in others killed ; and some had been otherwise outraged. In one instance there was 
proof of rape by a party of these fellows, who w^ent into a negro man's house, drove 
him out, and raped his wife, threatening to kill her if she did not submit to their 
demands. 

Question. IIow recently had any of these occurrences taken place ? 

Answer. They covered a period commencing some time in December, 1868, running 
through 18Gi), and down to the time when Mr. Luke and the four colored men w^ere put 
to death in July, 1870. The proof showed that no raiding of the klan, that was known, 
had taken place since that time and up to the time when the court was sitting, wiiich 
was in August, September, and October, 1870. 

Question. Have you any knowledge of there having been any occurrences of a simi- 
lar character in the county since that court was held ? 

Answer. 1 have no knowledge of any of these things, except as developed on that 
examination. 

Question. Have you any knowledge, derived from your observation and intercourse 
w ith the people of that region, of any occurrence since October last, the time when 
your court of examination closed there ? 

Answer. A copy of two letters, or of notices, warning certain witnesses— white men— 
on behalf of the State in the trial to leave the country, or they would be whipped until 
their backs were "cut as fine as dogs' hair," were sent to me. 

Question. Do you know vv-hether that notice was actually served on the witnesses ? 

Answer. Not of my personal knowledge. 

Question. Have there been any whippings and scourgings that have been reported to 
you upon credible information, as occurring in that region of the State, or in any other 
region, since that time? 

Answer. No, sir. 

Question. Were you present at a political meeting held in Eutaw in October of last 
year? 

Answer. I was present at one when General Warner spoke. 

Question. Wo have had the statements of General Warner and Mr, Hays, who were 
present at that meeting. 
Answer. They were both there. 

Question. Wifhout desiring any repetition of general facts, will you state as brieliy as 
you can your recollection of what occurred there ? 

Ansicer. ^Ij recollection is substantially this: that notice had been given that Gov- 
ernor Smith and General Warner would speak there. They invited me to go there and 



ALABAMA. 



81 



speak also, as they said, at the request of a nnniher of ohl whigs in that sectiou of 
country. We were to sjieak first in Livingston, in Sumter County, and then at Eutaw 
on the following day. At Liv'ugstou we were interrupted by a nniubcr of ]>ersons, 
and no opportunity was given for a fair or connected speech. Governor Sniitli was 
interrupted from the moment he rose to speak. A young man came and stood beside 
him with a knife drawn, open in his hand, and brandished it about in a very threaten- 
ing manner, striking his leit hand on his breast, brandishing his knife, and standing 
u]) close l)eside the governor as he commenced to address the crowd, which was ct>m- 
posed, so far as I couhl judge, of about five-sixths colored men and a body of white 
in<m standing olf by themselves a little on the riglit. From what was said by numbers 
of tliem I supposed they were opjiosed to the discussion being had. 
(Jficstlon. This was in Livingston ? 

A7i8}C(t\ Yes, sir. A jjortion of the men who interrupted the meeting went up that 
night on tlie same train with us to Eutaw ; others that I did not see on the train I 
saw at Eutaw the next day; they were present and to<.>k a part in the vio](^nc(^ whieh 
occurred tliere. Just after I had liuished my speech, or rather got down from the 
stand, for I did not have an opportunity of making anything like a speecli, as I step]i<.d 
down from the stand at Eutaw, Mr. Hays got up, as he said subse<[uently, to adjourn 
the meeting, not intending to make any speech. A genthuunn approaciied me tixim 
the left, wlio ki^ew me, an<l called me by name, and said that he tliouglit it best Mr. 
Hays should not speak then^ or attempt to speak: that lie was very un])op\ilar. and 
the pe()i)Ie were very much incensed, and it mjght lead to disturbance. He retiuested 
me to tell him so, bnt not to use his name in connection with it. I had never setm Mr. 
Hays to know him personally until that morning. I turned around and whispered to 
General Warner what had been said to me, and suggested that he should speak to 
Mr. Hays. Just as I rose u\) from conferring with him Mr. Hays struck the ground 
near the table he was standing on. 1 did not s<'e anybody j<'rk him olf the table, but 
I heard his feet strike the ground, and saw him standing there apparently somewhat 
excited. !Mr. Hays said nothing, bnt in ,'in in.stant a pistt)l was lired — a single shot — 
either from the room of the clerk of the circuit, whieh was just l)ack of us, oi- fiom the 
door of the main (mtranee to the court-house just !)ey<)nd : I cannot tell certainly v. hii h. 
Then, ;ibont as <piiek as men ecuild draw tln ir Aveaponsnnd commenci^ liring, a general 
shooting commeiu'cd at the crowd ot" negroes that were in front. There was a ^•erv 
large concourse there, I snpjjose somewhere between two and three tiiousan*!. I oughr, 
perhaps, to state that, as Mr. Hays Avas ])ulled from the stand, or as h<' strn<']c the 
ground. I saw seA cral negro men start and nmve tip toward him. and I s:nv one or two 
of th(un commence glutting out their knives and about to op<'n them. 1 i)nt our i ly 
hand and said, "Don't do that: put up your knives; ther*' nnist be no disturba: < e 
here." Just then the pistol shot was fire<l, of whieh I have spoken. 

By Mr. Van Tuump: 

Quc>ition. ''Just then, " you say : did you see the knives before you heard tlie slio*^ ? 

Answer. I think T did ; but the negr()es put up their knives, as I requested them tv) 
do, and did not make any dcmon.stration with them. They were moving up as if to 
protect ^Ir. Hays. 

r>y the Chairman : 
Question. From what direction did the shot come ? 

Ausurr. Out of the conrt-honse, either from the door of the main entrance or from 
one of the windows. I do not know that any one saw the attempt to draw the knn es 
except myself. 

Question. \hid Mr. Hays any weapon 1 

Anmir. Not that I saw, and 1 had i)retty good reason for noticing. He may hav»- l^ad 
some small i)istol, but he certainly had none of the weapons which were had )jy iLo 
great body of nuMi around me. 

Question. Did you see him have any ? 

Answer. I did not ; but he has told me since that he had a small pocket derringer 
in his i)oeket. but I did not see any signs of it. My rea.son for looking at him was, that 
I had heard a great deal of the danger ^Ir. Hays was in, and I farther understood that 
he would not be able to come there that day. When he did come, I saw him dressed in 
the ordinary dress of a gentleman, and I took particular enre to look over his ])erson 
and sec if he was armed. 1 supi)osed he would be arnunl; but I could not see any 
signs of it. He says, however, that he had a small pocket derringer. He did not use 
any weai)on that I saw, or make any attempt to use any. 

Question. Did you take any part in the preliminary attempt to have a joint discris- 
Bion there ? 

Answer. 1 think I did ; at least I knew of it : I do not remend)er whether or not I signed 
the paper. There was a proposition of that sort made, but the answer returned was 
that they would not recognize either the speakers or the cause j 1 think that was the 
substance of their answer. 

c 



St CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



QueMion. Was thnt eftbrt uiaclo for the purpose, if possible, of preventing a collision ? 

A)}^wn'. So far as I knew it was with a view to have a peaceable meeting there ; it 
was in ttie interest of peace ami order. 

Question. From what you saw there that day, and from your observation at that 
time, in traveling through other counties, were people free to utter their political senti- 
ments without incurring danger ? ^ . ,x , • 

Aimver. No, sir ; I think not. In fact, I am very certain they were not. Nothing ^yas 
said there that day that could bo just ground of oiFeuse; nothing Avas said by Senator 
Waru'T or by mys'elf, so far as I am conscious of what I said ; and I think I know pretty 
well what ho said and what I said. My whole effort was to conciliate the old Union 
sentiment of the State; to conciliate all, in fact, but I hoped to obtain a more candid 
hearing from the old Union sentiment of that community, which, in old times, was 
largely' whig; and of course my speech, as far as I could make any there, was shaped 
in that way? But I was constantly interrupted, in the most offensive manner; I will 
not say constantly, but repeatedly, so much so as to prevent anything like a continuous 
and connected presentation of any one feature of a political question. 

Question. Had you frequently spoken in Eutaw in former times? 

Answer. No, sir ; I had never spoken in the town before. But I had been a whig 
elector in the State, and had held various other positions, which made me known to 
the people of the State. 

Question. Were you well known there ? 

Answer. I supposed I was ; at least I knew a great" many persons there. 

Question. How many persons Avere wounded there, according to your observation ? 

Answer. I never saw any scene of that kind before. I saw a great many fall as the 
shots were fired, and at the time I supposed they had stumbled and fallen, because they 
got xi]} again and went away. But I have understood, from those who have had ex- 
perience in such scenes, that unless a man is so severely wounded as to render him 
unable to rise when he is hit, the effect of the bullet frequcntlj^ is to cause him to fall, 
and lie rises again. The papers reported that there were some fifty-four persons 
wounded there, and that four of them died from their wounds. Whether that is true 
or not I am not able to say. 

Question. Were any white persons wounded there ? 

Answer. Not that I heard of; I certainly saw none. I saw one colored man lying on 
a dray that night about sundown. His thigh was broken ; it had been splintered' and 
set, and he was lying on a dray in the street of the toAvn. He told me that he wslh up 
there at the meeting and had been wounded there. 

Question. Judging from the facts that came under your notice, from the fact of per- 
sons coming from the one county to the other, what was the conclusion at which you 
arrived as to whether that attack was premeditated, preconcerted ? 

Ansicer. ISly conviction, from what I saw in the morning before the speaking began, 
was that there w^ould be trouble there that day, and I so advised Governor Smith and 
General Crawford. And I advised General Crawford to bring his entire force up to the 
town and have them in readiness for immediate action, believing that hj so doing he 
would overawe the disposition to make trouble ; that the presence of the troops would • 
prevent any trouble. I told General Crawford that I knew the peoi)lo well enough to 
understand the signs. The general did not seem to coincide with me. At all events, 
he did not bring his troops up. He had a small detachment stationed about two 
squares away, so that when the firing did commence they were not at hand to protect 
the colored people, and could not be got there in time to do any good at all. 

By Mr. Van Tkump : < 
Question. Was this squad of troops within sight of the meeting ? » 
Answer. No, sir ; they were two squares away. The rest of his troops were out about 
half a mile distant. My conviction is that if the Government had shown, by tho 
l)resence of its troops, a determination to prevent violence, there would have been 
none. 

Question. Is it not a problem whether their presence w^ould prevent or irritate ? 

Answer. That is a problem, it is true. But my conviction is that men will not resort * 
to force when they know there is an equal or superior force to meet them. When the ^ 
troops came up, as the detachment did, tho whole thing w as at an end ; and for them 
to commence tiring then would simply have been to make an assault in turn. If they 
had been there, ami these men had attempted to fire just as they did, then force could 
have been repelled by force. 

By the Chairman: 

Question. Is there anything further you would state as evidencing the state of public 
sentiment there in reference to offenses of this character, these disturbances? 

Answer. There is one other fact I should state in connection with this matter. We went 
down the next mornui^, on the train, to York station ; in fact we went down to Meri- 
dian, Governor Smith, General Warner, and myself General Warner, however, turned 



ALABAMA. 



83 



back after wo had gone some distance ; I do not remember bo^Y far. He met a train 
going np on wbieli were some friends, and he conelnded that he wonhl go back and 
keep an appointment at Tuscaloosa. On the train with ns was a portion of tliose men 
who liad been at Sumter on the day of the speaking there, and who were at Entaw 
the day before. As they went down, whenever the train stopp<>d peo])le came np to 
tliem and asked them the ncAvs. Replies were made indiearing what had liapi)ened, 
and in one instance the expression was nuide, so lend as to be heard by numbers of 
l>ersons, to this eftect : "We have cleaned out the danmed radicals-, and are goin;;- 
home." I heard that expression myself. 

Question. Did you direct your attention to the subject so as to ascertain whetlier tho 
])ublic sentiment of the town of Eutaw disapproved or nplield this lawlessness ? 

Airvrcr. I cannot doubt but that it is disapi)roved by some of the i)eople, by a very 
considerable number, knowing as I do the general character of tlu^ ])opulation thi r<\ 
liut, so far as I know, no manifestation of that disapproval was made, and I doubt 
^'ery much v. hetlier it dare manifest itself just now. 

Qucstiou. Has there been any manifestation in favor of npholding»snch lawlessness ? 

A))>!U'(r. Not to my personal knowledge. I have understood that there have betm 
man.ifestations of a very decided character, in defending these men who were subse- 
([uently indicted at the district court of the United States, at Mobile, and whos(i trial 
v. as set for last ^lay ; I think it was May ; at all e^ ents it was during the late spring 
court. 

QufiitioH. Were those demonstrations of a public character ! 

Jjj.sH'cr, I understood that they were; I understood that there was a fair held in the 
lown for the i)urpose of raising funds to meet the expenses of tho men who were in- 
dicted tliere ; that, however, is merely upon information. 

(JncsCiOi). You do not know that i)ersonally ? 

A)(sicer. Xo, sir ; because I do not live in that county. 

Quesiioih Are there any more recent events than those of which you hav(5 spoki-n, 
which indicate the extent to which the laws can be executed in the State, or life and 
person be made secure ? 

Amwcr. The question is somewhat changed, 1 thiuk, since the recent legislation of 
Congress. The manifestations on the ])art of the Federal (fovernment, as shown by 
the recent enactment of Congress, and the action of the United States courts in giving 
force and effect to that enactment, and to the act of the :Jlst of ^lay, l^^TO, have, it 
seems to nu\ from what I se<' and hear, i>r(i(luccd an etfect on the ])ubAc min<l. What 
will be the linal result 1 cannot say ; but I think tlie tendency has been to giv<' them 
paiise. Heretofore I have known of no instance in which a man charged with having 
killed a negro has been brought to trial and convicted, .scarcely ever to trial even. On 
the other hand, whenever a negro connnitsany offense there isno trouble in obtaining a 
conviction upon reasonable proof, and sometimes when the ]n*oof is not so clear. Tliat 
sentiment, however, has been, according to my observations, always the case, njore or 
less, in the South, with reference to any white num. If po])ular prejudice sets in 
strongly against a man, I have found in my practice as a lawyer that it is ahnost impos- 
sible to olfcr evidence enough to acciuit him. If popular prejudice sets in his favor, 
it is almost impossible to secui e the conviction of a mau, no matter what his color nuiy 
be. It is, as my experience shows, one of the weaknesses of our system of trials. 

By Mr. Van TiiUMP : 
Question. Do you mean the system of trial in the South, or generally / 
Anm'cr. Geuerally ; I see by your papers in the Xorth that if a man is a popular man, 
there is always a strong inlluence made, if he is convicted, to obtain a respite or com- 
mutation of sentence. 

By the Ciiaiumax : 

Question, Were these acts of violence calculated to have, and did they have, any 
eliect upon the result of your elections, by deterring men from voting, and therel)y 
producing the contest which subsequently ensued in your legishiture ? 

Answer. In my judgment they did. After a careful examination, as one of the counsel 
of Governor Smith, the then governor of the State, he became satished, as did also his 
counsel, that a great many men had been prevented from voting who would have voted 
for him, and also for oth(!r republican candidates, had it not been for the fear of con- 
sequences to them personally; also that a great nniny votes had been thrown out 
which ought to have been received. In that way lie' was reported to have lost the 
election by some 1,:}20 votes, if I am not mistaken ; I mny be wrong in regard to the 
exact numb<'r. We advised him to lile a bill. However, I will state that ever since 
1819, when the State was lirst organized, the constitution of the State has provided 
that an election to the office of governor may be contested before the general assembly 
in such manner as may be provided for by law. Tlie h^gislature of Alabama has never 
made provision of law for any such contests, eitlier prior to tln^ war or subsequent to 
it. Tho existing constitution adopted in 16GS, put in operation in lc^(3^5 rather, was in 



84 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



that respect the same as the constitution of 1819, with this addition, that this right of 
contest is made to extend to other State officers, secretary of state, treasurer, comp> 
troller attorney general, etc. Upon an examination of the facts, and ascertaining in a 
verv satisfactory manner what he could prove, the governor determined, under the 
advice of his counsel, to file a hill and ohtain an injunction staying the declaration of 
the result of the election as to governor until the legislature could provide by law 
the mode of contesting that election as secured to him under the constitution. He 
believed that, as he was the incumbent of the office, if he had received a majority of 
the kxnil votes cast, he was not bound to give up that office to a man who had not 
received a majority of the legal votes, and permit him to bo inaugurated, and then 
resort to some remedy by which to turn him out, such as a quo xvarranto, or anything of 
that sort. He made out a case in the estimation of his counsel and in the opinion of 
the jud«'-e to whom it was presented, duly certified to by affidavits, amply sufficient to 
authorize the injuuction which was praj'ed for; a temporary injunction until, as the 
constitution required, legislation could be provided, and which, under the constitution, 
it became the swor;i duty of the legislature to provide ; for it was as much their duty to 
carry out the constitution as it was the duty of any one else. 

By ^Ir. Van Trump : 
Question. Were you the counsel who advised that ? 

Answer, I was one of the counsel ; there were two others. Judge Rice, formerly chief 
justice of the State for many years, and Mr. Alexander White, both of whom are very 
prominent lawyers in our State. 

By the Chairman : 
Question. Was such an injunction issued ? 

Answer. Yes, sir; the injunction was prayed for against the presiding officer of the 
senate, whose duty, in the language of our constitution, it is to open, count, and declare 
the vote for governor ; I think that is the language. The then presiding officer of the 
senate respected the injunclion, and declined to declare that vote. The incumbent of 
the office of lieutenant governor having died, the office of lieutenant governor was 
not contested, and the person elected being clearly entitled to have his seat, and if 
not properly elected it could only be inquired into by a quo warranto, the vote as to 
him was declared by the presiding officer of the senate, and he was sworn into office, I 
think. Thereui)on the lieutenant governor said he would pay no attention to the in- 
junction. 

Question. Under your constitution he became then the x^residing officer of the senate ? 
answer. Yes, sir; by virtue of being inaugurated lieutenant governor of the State, 
he became presiding officer of the senate ex-offieio. 

By Mr. Van Trump : 

Question. Have you ever seen or heard of any x>recedents authorizing an injunction 
against the supreme legislative authority of any State government ? 

Answer. This was not against the supreme legislative authority, but against a presid- 
ing officer performing a mere ministerial duty, without any discretion being vested 
in him. We examined that question very carefully, and of course with reference to 
that particular phase of it. 

Question. Did you find any authority ? 

Answer. Yes, sir; we found a great many, and according to the authorities, if the 
functions were of a judicial character, or if there was to be in the iiremises any exer- 
cise of any discretion, then an injunction will not issue, for the authorities say the 
court will not undertake to control the discretion of an officer. But when the duties 
of an officer are clearly ministerial, as the counting of votes and declaring the result of 
an election, the authorities are numerous going to show that the court will interfere ; 
that where the right to office and the right to contest it are united in the same iimum- 
heut, and the legislature have not provid^ed the means whereby he can do so, the coiii t 
would grant a temporary injunction until that legislation was furnished. 

Question. I do not wish to make auy argument, merely to obtain the facts. 

Answer. I merely wish to state the ground on which we advised our client. The 
lieutenant governor having been inaugurated, sent to the office of the secretary of 
state for the returns of the votes, opened the .seals, and declared the result. From that 
lime Governor Lindsay claimed that ho was entitled to the office, and demanded it of 
Governor Smith. A public meeting was called by the friends of Governor Lindsay, 
and speeches were made in which the people were advised to disregard the injunction 
of the supreme court jud^e, and to disregard the whole proceeijing, but to do it with 
as little violence as possible. Tlie popular mind becam(i very much exercised, very 
'-nuch disturbed, A great many peoph^ came in from a dista'nco ; thev were seen to 
h.ave arms on their persons ; nearly every one was armed with a revolver, a belt around 
him, ^nd in a sheath suspended to the belt the revolver was carried, or it was carried in a 
pocket so as to bo plainly visible. I saw a great many persons wearing them in that 
way. We have a provision in our code in Alabama by which a man, who, as an officer. 



ALABAMA. 



85 



claims that lias a right to certain books and papers, Diay tak(^ a suiiinuiry proceed- 
ing lor the pra-posc of obtaining the books and papers that belong to the olilice. Gov- 
ernor Lindsay, nnder a process issned at his instance and in his name, I believe hj'ouo 
James Q. Smith, who is an acting circnit court judge in onr State, required William H. 
Smith to deliver iip certain books and papers and furniture in the two rooms occupied 
by the executive of the State of Alabama, and also the two rooms in one of the ^\'ings 
of the capitoL 

By the CuAiiniAN: 
Question. The executive eliamber and its furniture ? 

Answer. Yes, sir, two rooms. The governor was re(iuired to appear in ])erson before 
this judge at the court-house in M(mtgomery County and nuike answer, within a very 
brief space of time, a few hours only. Judge Kice a])i)(^ared for him, but the presiding 
judge said he would not liear him, unless his client a[)peared. His client accordingly 
went down there. The court-house was densely packed. The trial i)roceeded, but no 
dicision was arrived at at tliat time. It was then late in the afternoon. The case came 
u}) again the next day, and the result ^vas that Governor vSmith, as he said in a card 
which he caused to lie published, for tlie sake of preserving the ])eace of the connnunity 
and avoiding serious troubles, abandoned the otfice of governor, withdrew from tho 
contt'st and i)(*rmitt«Ml Kobert Burns Lindsay to take ])ossession of the office, which he 
did immediately. The card of Governor Smith was published at tht^. time in the 
news])ai)ers. 

Question. What was there, so fj^r as you know yourself, to give rise to any apprehen- 
sion of violence ? 

An.-iH-cr. I was not in the court-room myself, and therefore cannot speak from per- 
sonal knowledge. But I understood from Governor Smith and from others that the 
^ourt-room, particularly in the rear of Governor Smith's seat, was densely packed by 
a ])ody of men who w(>re strangers in the community, and who had arms on their per- 
sons, as I have described, revolvers, who (piit^tly took tlreir seatsonc^ach day when the 
couit met. The Governor felt that if he persisted in asserting his right Ix^fore the 
courts to the ollice. there was great danger that there would be a X)()pular outbreak of 
some kind : the extent of which, and the character of the violence w hich might result 
he did not know. lUit he wished, at all events, to avoid violence and bloodshed ; that 
isth<.' reason why he actually gav<^ up the contest. 

Question. Did you yourself see persons in town armed as you have described ? 

Answer. Yes, sir; many persons. 

Question. Did the ])rocecding end there ? 

Answer. Yes sir, so far as 1 know; my functions in connection with it were at an end. 
Qurstion. lias there since been niade'^in the legislature of Alabama any provision to 
enable him to contest the election ? 
Answer. Xot that I am aware of. 

Question. Has there been any session of the legislature ^ince f 

Answer. The legislature was in session at that time, and remained in session for a long 
time afterward. The treasurer of the State was also a candidate for reelection at the 
last fall election ; he had also tiled a bill and obtained an injunction. When Governor 
Smith decided to abandon his case the treasured also abandoned his case, and hisop})0- 
neiit took possession of the otlice, notwithstanding there was a similar injunction 
against the counting of the vote for treasurer. 

Question. Then, with the allegation made, whether well founded or not, that an elec- 
tion has been carried by means of violenct' and fraud, you have no means provided of 
determining whether that allegation is true or untrue 

Answer. Xot in the case of the otlice of governor or any other ofticer elected by a 
general vote of the State ; no provision has yet bc^en made. These injunctions were 
obtained for a tem])orary purpose, in order to enable the provision to be made which 
the constitution required. 

Question. Was any motion made in the legislature to provide a mode for contesting 
the election in that case ? 

Answer. I am not able to say how that was. 

Question. What efiect has this had upon the sense of security enjoyed bv the peoplo 
of the State ? 

Answer. 1 think the democrats profess to feel very much more secure; I think the 
repubhcans feel decidedly less secure. If it had not been for the legislation of Con. 
gress to which I have referred, I think their insecurity would have been clearly man 
ifested before this time. 

Question. From your own knowledge of that case, derived from your examination of 
it as counsel for the governor, w ill you state here as a witness, without regard to your 
professi(mal ojjinion, w^hether it is your belief that good ground existed for making 
such a contest on his j)art ? 

Ansu-er. Yes, sir ; I believe there w\as good ground for it ; I believe the violence that 
was })racticed in the counties of Greene, Sumter, and Marengo was sufficient alone to 
change the result of the election in that State. 



86 



CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Qucation. The result as to governor ? 
-4 H^im*. As to governor and others. 

By Mr. Van Trump : 

Qiiesi'mu What was tho nominal majority for Lindsay as governor ? 

Avtnver. I think, as reported, it was about 1,329; I may be mistaken as to the exact 
number. In the county of Russell, on the eastern side of the State, there was a ma- 
jority of thirteen or fourteen hundred votes in favor of the republican ticket. That 
vote, hoNYcver, was thrown out entirely; that is to say, it was thrown out in this way : 
the sheriff and clerk were democrats ; and the judge of probate court was a rei)ub- 
lican ; those three oflScers constituted the certifying or supervising board, whose duty 
it was to certify the vote. The judge of probate certified the votes, or was willing to 
do so, but, as I understand, the other two officers declined to do so. 

By tho Chairman : 
Question. So that there was no return at all from that county? 

Answer. None, in making up the vote. The rejection of that vote, its being left out 
entirely, was one of the allegations in the bill, if I am not mistaken. Then in another 
county, at one poll, where several Ifundred republicans attended to vote, freedmen, the 
poll was not opened. 

Question: Without going into details, I will ask you to state if you believe, from your 
examination, that sufficient ground existed to entitle Governor Smith to claim that the 
subject should be investigated and a contest made? 

Answer. Yes, sir; I state hero as a witness, not merely as counsel, that I believe there 
was full ground for investigating that election, and that it should be done. 

Question. If the ground taken by you had been sustained, what effect would it have 
had upon tho majority in the legislature 1 • 

Answer. It would have changed that as a matter of couree. 

By Mr. Van Trump : 

Question. Outside of any provision of your constitution, for I do not know what that is, 
is not the ordinary way of contesting an election of governor upon the question of 
counting out before the legislative body of the State ? 

Answer. Wo have no mode of contesting an election to the office of governor at all. 

Question. Do you mean in Alabama, or in other States ? 

Answer. In Alabama. The provision of our State is that an election to the office of 
governor shall be or may be, I do not recollect which word is used, contested 
before the general assembly in the manner provided by law. 

Question. That is in your constitution ? 

Answa\ Yes, sir, andlias been since 1819. The only difference in that respect, between 
the existing constitution and the first one, is that tho right to contest is extended to 
the secretary of state, treasurer, comptroller, &c., because they are now elected by a 
general ticket system, whereas heretofore they were always elected by the legislature. 

Question. Now, having made that statement, and that is in accordance with my 
recollection, I would ask, as a matter of curiosity merely, where you find authority, 
under such a constitutional provision as that, to goto the courts for an injunction to 
set aside the proceedings of a legislative examination and declaration of the vote for 
governor ? 

Anmcer. Where did we fmd the authority ? 
Question. Yes, sir. 

Answer. I speak now from memory ; if I had my brief I could give my authorities to 
you in detail. Ouo case will be found in Barr's Pennsylvania Re^^orts, on the power 
of the courts to protect every citizen in his rights, whether he be a natural or an arti- 
ficial one. 

♦ By the Chairman : 
Question. Do you remember the name of that case ? 

Answer. I cannot recollect the name of that case, but it was in 47 Barr's Reports. 

By Mr. Van Trump : 
Question. Did it apply to this case ? 

Answer. I think it did in principle ; I will state tho facts of tho case. 
Question. I do not wish to consume the time of the committee by a detailed state- 
ment of the case. 

Answer. We found cases of this sort, authorities in various States of the Union; if 
you will permit me to state the references as I recollect from memory, they will be 
found in some work on constitutional limitations; I cannot recollect now tho name of 
the author, but the work is in the library of the Supremo Court here. The authorities 
on tho subject are pretty wi-U collated in that work. 

Question. Did you find any case where the Supreme Court undertook to stay the 
jictiou of the supreme legislative power of the Government f 



ALABAMA. 



87 



Answer. If you mean by tliat whether we found a case in which the courts claimed 
the right to stay the action of a party cLairaing the office until the party in possession 
can liave the benelit of legislation, such as the law contemplates, to enable him to 
contest it, the nearest we came to it is a ease in which a corporation was recpTired to 
do certain things; and the supreme court of one of tlie Northwestern ^States held that 
the court had tliat power. 

Question, I have no doubt they have in regard to corporate bodies or local authorities ; 
but I would like to see the authority, the constitution providing a mode of eoutestiug 
a governor's election by the su}n'eme legislative authority, where you hud the pou i^r 
gi\'en to a court to interfere by an injunction, so far as the supreme sovereign legishi- 
tive authority of ^he iState is concerned. 

Ansu-er, The lauguage of our constitutiou is to the effect that it is made the duty of 
the presiding ofticer of the senate to open, count, and declare the votes for the election 
of governor in the i)resence of a nuijority of the members of the two houses of tbe legis- 
lature; that is the very hmguage used; the legislature, as a legislature, has nothing 
in the world to do ^\'ith it. 

By the CirAiK>rAX : 

Question. Taking into consideration the tone of public sentiment as prevailing in the 
State of Alabama, or in ])ortions of that State, I will ask you if persons are free to go 
into those portions of the State and express their political opinions and advocate them 
freely, or is there proscrix:)tiou ? 

Ansiccr. They are free to do so if they are willing to risk the consequences. 

Question. What I mean is, may they do it with personal security? 

Answer. I thuik not. 

Question. To what portions of the State would you apply that remark? 

Answer. I could not undertake to designate any particular locality in the State of 
Alabama in which a man would l)e safe to get up and give notice that he wished to 
advocate re])ublican priuciples, and where he w(mld be safe from insult and perhajjs 
violence. If it was known that a distinguished man from abroad was about to visit 
the State for the i)urpose of speaking in behalf of the re])ublican eausi^, it is i)robal>le 
that he would be unmolested now. I do not know certainly that any man would be 
molested, but I do not think a nuiu could announce a sp(HH*h at ^Iobil(\ ^lontgomery, 
Tuseidoosa, or even in my own town, in behalf of rei>ubliean iirinciplcs, without its 
l)roducing very great exeitement. I think there is very little freedom of discussion. 

Question. Can a man, either a native of the State, a long resident, or one who has 
removed from the Xorth and settled there, publicly advocate the right of the negro to 
sutfrage and to protection in his civil rights, and still jti-eserve in tlui State his soci;il 
and i)olitical status ! 

Answer. His doing that w(mld atiect him to some extent, but how far I cannot say. 
There are a great many nu'U who would feel, such is their detestation of negro 
sufLrage, es})ecially of negro suffrage and the right of the negro tt) sit in the Jury-box, 
and to hold otlices, and even seats on the judges' bench, that they cannot have any 
toleration for a man who entertains those views, whether he advocated tliem in tlie 
beginning or not ; if he acquiesces in them nov/, and ]u-o}»os(.'s to advocate acquiescence 
in them as a r(^publiean, in my judgment he is bound to feel the eifect of that upon 
himself, more or less, in his i>ersonal and social relations. 

By Mr. Pool : 
Question. IIow about his business relations ? 

Answer. To some extent it would have its elfect u]>on them also, just in proportion 
to men's necessities. Sometimes it is nu)re marked than at others. 1 have heaid 
several gentlemen in my State say that it has alfected them very seriously. 

By Mr. Blair; 

Question. Does this arise from a conviction that the institutions of the country are 
unsafe in the hands of an ignorant class of i)eople, easily h>d by a few demagogues ! 
Answer. I think that has a great deal to do with it. 

Question. The i)eople there see that this class of persons who have been enfranchised 
by act of Congress, atiirnied by an amendment to the Constitution, are really unlitted 
by their condition of life, their want of iufornnition and knowledge, to exercise those 
franchises ? 

Answer. They think all that. 

Question. Do they not have good rea.son to think so ? 

Answer. 1 think so ; I thought it was unwise to make the negroes voters, particuhuly 
in nuiss. My own conviction was that in a ])opular goveriuneut where two races exist 
Avho are so diherent, from any cause, that they cannot mingle in mai riage and become 
one, the exercise of ])olitical power must be confuied to one or the other of those races, 
if we wi.sh to have peace an<l si^curity: that when political jKiwer is ])laced in tlui 
hands of races who cannot in that way become one, all history shows that the dividing 



88 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



line is very apt to continue in sucli a marked way as to render it difficult to preserve 
the peace/and have anything like a systematic policy of government. 

By Mr. Van Tkump : 

Question, Now if you add to that clear, philosoi^hic, political statement the fact, if it 
is a fact, tliat the right of suffrage has been forced upon the people, would not that 
tend still more to aggravation ; forced upon them by some superior power like the 
Federal Government ? 

Ansiver, If, for instance, the i>eoi^le of Alabama had themselves conferred suffrage on 
the negro they would have had no right to complain, except of their folly in doing 
so, if they found it did not work well. The fact that negro suffrage was made, by 
the Government of the United IStatcs, a condition of political reconstruction, has cer- 
tainly not tended to reconcile the people to that state of things. 

Question. Would you not be better satisfied with the converse of the proposition : that 
it has really provoked and irritated the i)eoi)le ? 

Ansicer, My own judgment is that it has. But the thing has been done, and the 
question is now, how shall we get along with it? IIow it may be in other States I will 
not undertake to say. But with reference to our own State, so far as I understand it, 
we think that as it is settled that the negro is to be a voter, and is free, and free cer- 
tainly by our own act, for in Alabama we indorsed his freedom in the convention of 
18G.^,\vliicli was a white man's convention, entirely based U])on white man's suffrage, 
no negro voting in the election, nor was he invited to vote 

Question. We are not hero to enter into an argument as to what would be the better 
poUcy, but to find out the cause for the existing state of things in the country. 

Ausicer. The negro was made a voter in Alabama against the consent and views of 
what is best of the great body of the white people of the State. Now that he is made 
a voter, the republican party wish to educate the negro as well as the white child, and 
fit him for the duties of his new position. As I understand it, the democratic party is 
bitterly opposed, not only to the negro's voting, but to his education. There are some 
reasons why they might oppose education on such a liberal basis of expenditure grow- 
ing out of our poverty, which reasons are peculiar to our present condition. But the . 
great difference between the two i)arties, as I understand it, is this: The one jn'oposes 
to educate the negro and make the best of his capacity, whatever it may be; the other 
is not in favor of doing so. 

By Mr. Bl.vir : 

Question. In addition to the facts you have stated in reference to the hostility of the 
white race as a general thing, in your State, to negro suffrage, is it not true that these 
negroes have been banded together in leagues by men, as a general thing, of very little 
character, for the purpose of obtaining office for themselves ? Is that not another rea- 
son for the hostility felt by the white people at large against negro suffrage as it is ? 

Answer. So far as I know personally, the negroes have not been so organized. I have 
understood that there were Union leagues, and that colored men were members of 
them ; but I only know it from hearsay. I am not a member of one, and never have , 
been. 

Question. You know it upon evidence that is quite as good as that upon which you 
stated the existence of the Ku-Klux organization ? 

Answer. No, sir ; because that was the sworn testimony of a witness, who, as I have 
since learned, was very fully corroborated by other witnesses in what he said ; other 
witnesses who were then being examined before the judges of the supreme court of ' 
North Carolina, which court was then investigating the murder of a man by this or- * 
ganization. At the time this witness. Force, gave his testimony, I did not know how ^ 
much weight and credence to give it ; but I haveisince become satisfied 'that he told 
the truth in respect to that organization. 

Qmstion. Do you believe, from what you have heard and what you yourself have 
observed, that there is such an organization as the loyal league among the negroes ? 

Answer. From what I have heard I do. 

Question. You do believe it ? ^ 

Ansiver. I believe it, simply because I have heard it so stated; that is, the Union 
league, not the loyal league. The Union league is the one I refer to ; I never heard 
particularly about a loyal league. I have understood there was a Union league. 

Question. Do the negroes, as a general thing, act together compactly upon political 
matters, as men wouhl who had been organized for the purpose? 

J Hwcr. Well, when they are not intimidated, so far as I know, they generally vote 
the republican ticket, notwithstanding we have been in the habit of telling them— 
when I say we" I mean the white people of the State— that they ought to consider 
their old masters their best friends. According to my observation, the negroes will 
trust their old masters, with regard to any matters of business, just as implicitly as 
one man can trust another; but when they come to politics they generally seem not to 
Iiave much faith in us ; they think we did not set them free or give them tho right to 



ALABAMA. 



89 



Note, but did all we could to prevent tliem from being free and liaving the right to 
vote. I certahily opposed their having the rigrlit to vote, not for the purpose of crush- 
ing them, but to prevent them from crushing us. They do not think we are sincere, 
antl we liave never been able to convince theui that we are sincere in our professions 
of friendship for them in regard to political matters ; they liave the idea that they are 
free, and voters, in spite of all we could do to preveut it. Naturally, if left alone, tlu^y 
will vote with the republicans. If th<'y are told, ''You shall not have this land unless 
you vote the way I want you to vote," or, ^'If you do vote that way tho Ku-Klux will 
get after you," it will intluenee some of them. Some of them, too, are inlluenced by 
the kindness of their former masters and present friends: for I do not pretend to say, 
and I do not say, that there an^ not as many evidences of kindness on the part of the 
former master toward the man now free, who was his former slave, as you could 
reasonably expect, when you take into consideration his im])overished condition and 
theirs also. I think we liave had bad white men ; I do not knovr any comnmnity in 
which there are not bad white men ; and bad white men in both political ])arties. lJut 
I am glad to believe that there are good men in both ijolltical parti(\s. 1 think tho 
general reason why the negro chooses to vote the repuldican ticket is l)(>canst' he knows 
that the rei)ublican party set him free, gave him the right to vote, and wishes to (^du- 
catii his chihlren in order to lit theui for the duties of their new condition. tJoneral 
Grant, in his proclamation declaring tlie adojition of the tifteenth amendment, quoted 
from Washington's FareW(dl Address on the imx)ortance of educating th(^ ehildren of tho 
land. 

liy :Mr. Yax Tkump : 

Question, Do you suppose that General Washington had in vi(Mvparticul:y'iy the black 
children when lie wrote that part of his address, or that Hamilton had wlie!i he v/rote 
it for him ^ 

Answer. I do not know ; but if it is necessary to educate white children, with all the 
advantages they liave of family descent and surroun<lings, it certainly is neeessary to 
educate the negro child, if you wish him to be a good and industrious citizen. 

By Mr. Tool : 

Quesiion. You suppose that Washington had reference to all voters? 
Answer. I think so. 

liy ilr. Blaik : 

Question. You made the remark in your testimony that if this d<H ision in rt^fcrence to 
the governor's election had been olitained, and was such as you contended for, it would 
have changed the majority in the legislature ? 

^inswer. It is ]>roper that I should ex[)Iain what I meant in this way; as th<' returns 
show, it was a little doubtful which party had the majority in the h^^islattire. The senate 
was largely r^^publicun ; there were no senators chM'tcnl at that election ; tin' onlynuMn- 
bers of the legislature then elected were members of the hons(\ It was exceedingly doubt- 
ful which jiarty had the majority. The democrats, however, when they got the, organ- 
ization, proceeded at once to contest out two republicans from Talhnlcga, and a dem- 
ocratic member was permitted to take his seat from Ivandolph, I think it was; at any 
rate they got the majority. But if the returns had come in from all the counties, I 
think that instead of democratic members from S(^\ eral counties there would have been 
republican members returned ; provided all the legal voters in the county who wanted 
to vote, and who attendful with a view to vot<\ had been permitted to vote, and their 
votes luid been certified according to law. 

Question. Does not yourconstitution provide that each house shall be the judge of the 
election, retirrns, and qualification of its own members ? 

Answer. Yes, sir. 

Question. If Governor Smith had been declared by the legislature entitled to the office 
of governor had there been a law in reference to it, by throwing out cmtain votes and 
counting other votes, how could thnt possibly have afi'eeted the result in reference to the 
election of members of the legislature, except, perhaps, by ])rodueing evidence which 
would have been acted upon by the legislature itself, each branch of it for itself ? 

Answer. My nnderstaniling is this, tliat the alh\gations of the bill being ])roven, it 
would have shown a state of the polls which would have entitled several rei)ublicans 
to seats in that body, who did not get seats there, but in whose places democrats did 
obtain seats. Whether they would have obtained them or not is another thing. That 
is the idea which the facts of that bill present very fully. 

Question. You say that there were no elections of senators in that election. What was 
the reason for that ? Does not your constitution provide that senators slmll be classi- 
fied and a certain number go out every year? And was that constitutional provision 
observed in the senate ? 

Answer. The senate say they did observe the constitution. 

Question. You say there were no elections for senators? 



90 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



.Umctr, Tlic senate is the judge of the election, returns, and qualifications of its own 

members. . , t x- i t/> 

Question, In the same sense, the housowas the judge of the election and qualification 

of its o\v*n members? 

.'inswcr. Yes, sir. x-. x xi 

Questioih And yet you undertake here, as a witness, to say that there were several 
republicans who ought to have been seated in the house, and who were not allowed 
to take their seats? . , , - , 

Answer. 1 say that if the allegations of that bill had been proven, that evidence 
would have shown that several republican members were entitled to seats who did 
not obtain them, and in whose place democrats did obtain seats. 

Question, Notwithstanding the fact that the house, which was the judge of the elec- 
tion, returns, and qualification of its own members, determined otherwise? 

Ansiccr, Yes, sir; that is my judgment. 

Question, Now, what was the provision of your constitution in reference to the elec- 
tion of senators? 

Ansiccr. 1 cannot give the exact language; but my recollection is that the senators 
were to be classified after the apportionment ; that then a certain number were to go 
out every two years, I think ; I am not now very clear as to the time they were to go 
out; but the classification was to take place under the next apportionment. Those 
who held that the senate ought to have made this classification so as to have brought 
on an election for a certain portion of the senators at the last election 

Question, One-half of them? 

Answer. One-half of them, I believe. Those who held that, say that the apportion- 
ment referred to in the provision of the constitution was the apportionment which was 
then made ; those who took the other view, as I understand it, held that the appor- 
tionment referred to was an apportionment to be made under the census, which was to bo 
taken in the State, as provided for by the State constitution, and which is to bo taken, 
I think, every ten years. 

Question. Did not the constitution of the State provide that the term of a senator 
should be four years ? 

Answer. Yes, sir, I think so. 

Question, If the apportionment and the classification do not take place until the time 
contended for by those who refuse to make the classification, will there not be certain 
senators who will hold their seats for six years ? 

Answer, I think so. 

Question. Is not that a palpable violation of the constitution, one which will enable 
one-half of these senators to hold their seats for six instead of four years? 

Answer, Ordinarily it would be, but the constitution of Alabama did not go into 
operation immediately, on^the election by the people of Alabama, even if the people of 
Alabama had voted in favor of it by a majority. 

Question. Which they did not do ? 

Answe7'. They did not do that. In any event that constitution was to be submitted 
to Congress, and the vote in regard to it also was to be submitted to Congress. An4 
when Congress decided, and not until Congress did decide, was that constitution to go 
into operation. Congress did not make that decision until some time in May, I think, 
some time prior to the 20th of July, 1868. The military authorities under whose auspices 
and authority, or rather protection and supervision, the election under that constitution 
was held, reported a vote of some thousands less than a majority of the registered 
voters in the State. The act of Congress provided tliat a majority of the registered 
voters of the State should vote at that election ; the military authorities reported tha*fc 
a majority of registered voters had not voted at that election. During all this tim^i, 
the constitution and the ofliccrs elected under it were in abeyance, or at least not in 
active operation. There is an ordinance of the convention of Alabama which framed 
this constitution which went on to provide how the officers should hold their offices, 
and at what time the terms sho'ild begin to run. That ordinance w\as of equal dignity 
with the constitution itself, so far as the authority from which it emanated was con- 
cerned. If I recollect it correctly, that ordinance provides that the terms of office of 
most of the officers therein named should commence to run from the next gener^tl 
election. 

By Mr. Pool : 

Question, The next general election provided in the constitution ? 

Answer, Yes, sir; the provision in respect to senators, it is contended, does not fall 
within that classification, because in that ordinance certain officers are named ; and 
in the inclusion of some and the exclusion of others that rule is held to apply. 

Question, You spoke of the uncertainty about the majority in the legislature ; and 
you said that the majority in the house depended upon certain districts. Did you not 
intend to be understood as meaning that it required the addition of those members 
to give a majority of the legislature on joint ballot; that is to say, to enable the ma- 



ALABAMA. 



91 



jority ^Ybich the democrats had in the house to overcome the enth-e body of the senate, 
-wliidi I miderstand is reinibUcan ? 

Jihswtr. The. senate is not entirely repnblican, there are some few democrats. 

Qui'siion. Was that not the nnderstanding which yon intended to convey f 

AnsirtT. I meant to say simply what I have said ; that if the alleojations of Governor 
Smith's bill were proven, as we had reason to believe we eonld ])rove them, it v»'onld 
sh«)w sneh a vote in several connties in various portions of the tState as would (entitle 
re])nblicans instead of democrats to seats in the legislature. 

QucHiou. A certain number of themf 

Jui^irc}'. I cannot saj- the number, but several of them. 

(Juesfion. The fact is that the democrat nnijority in the lower house was lar^-e enough 
to overcome th(^ republican majority in the se>nate on joint ballof, that the- entire ,s(^nate 
held over and there was no election for the senate. 

Jusircr. It is the fact that the entire senate hekl over, and there was no election for 
senators. 

By Uv. Van Trump : 
Qucsiion. Did the i^rayer of the bill require a I'corganization of the legislature? 
A7isice)\ No, sir. 

Qucsiioi}. You spoke of that as evidence. 

^iiiKwer, Showing that in regard to th<> election of governor, would necessarily show 
if violence and intimidation were excn-cised to such an extent as the l)ill charged, and 
men W(>re deterred from voting for him as governor ; showing that vrould nec(\ssarily 
show that a number of thousands of votes were lost to the State for the repnl)licau 
party. Whether that could have been proven is, of course, a ([uestion. 

Qu(>t<iw}}. Was there any contest in the house of representatives as to those members 
who have Ihh'u affected by these votes ? 

An8im\ No, sir; there was no chance for it, and two members from Talladega who 
.wen^ in could not retiun their seats. 

By Mr. Blair: 

Qu(}<fion. In giving an account of this contest for governor, I thiuk you omitted to 
mentiou, what I have seen stati'd as a fact, that (iovcrnor Suiith attem])ti'd t!> maintain 
himself in otiice by the use of trooi)s, and that he occupied the ca[)itol building with 
'trooi)s. Is that tlu' fact ! 

Auf^nrv. What I know about it is this: Governor Snutli received a notie(> from (iov- 
ernor Lindsay, through Colonel .1. J. .Jolly, it* I am correctly inlbrmed. calling on hiui 
for the ofric (^ and claiming it as his right. Governor Smith, as he said, saw a gatliering 
tlieiv' toward night, the object of which he could only suruiise. lie and his ])ri\ ate 
secretary, aud one or two others, i)crha])s, were then* alone, lie called on the slieriti 
of Montgomery Comity to take such ste])s as uiight be lu^cessaiy to jjrevcnt any dis- 
tubance there. ^ I think his bill, to which I have referred, had already )>een li]<Hl." The 
sherift' of Montgomery calied on the military who were there to aid him as n ])()sse in 
that behalf; and such soldiers as were there were there in obedience to that call by 
the sherilf. and for the purpose of preserving peace and preventing anv violence of any 
kind. 

Qufstioii. Did they occupy the capitol building? 

.l??v?rc?'. They were in the basement of the capitol, or in that portion of it where the 
executive otiice is. 

]3y Mr. Van TrumrI 
Qut-'^iiou. Were they Federal or State tooops ? 

-l».s?rcj'. They were Federal troops, not State troo^is. Governor Smith has persistently 
refused to organize State trooiis. 

By Mr. IjlaiPv: 

Quc^iiou, Was there not an order from Washington for those troops to withdraw from 
the building ? 

Answer. 1 do not know ; I heard that there was such an order. 
Qucsiiou. The troojis retired f 

A)iHim; Th(\v retired ; they were there as a posse. At all events, there never has 
been any revocation of the general order, so far as I have heard, Avhich authorizes the 
sheriff of the county to call upon a military othcer for the aid of hi.*; troops as a posse. 
At the same time that I heard this ordtM- had bee'n sent to the troops to remove from 
the capitol, I heard that it had been sent under the impression that the military com- 
mander had acted without any re(piest or authority from the sheriff; Init I do not 
kuov>' that from any knowledg<^ of my own. 

By Mr. Pool: 

Quci^tlou, You say there were strangers in the court-room when Governor Smith was 
requiied to go there? 



92 



CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Atmvcr, I did not go in the eoiirt-house at all, but I was so informed. 

Oitcstion, Si)eaking about the majority iu the lower house, if the allegations in tho 
bill had been proven, would it not havo shown enough republicans entitled to seats in 
the lower house to have given a republican majority ? 

Answer. That was the opinion I had upon the evidence; I may have been mistaken 
about it. 

Question, You say you think the allegations of the bill could havo been proven? 

Answer. If they had been proven and the men permitted to take their seats 

Question. It would havo given a majority in the lower house? 

Answer. Such a vote in the lower house as to have secured a majority on joint ballot. 
. Question. Not a majority in the lower house ? 
Answer. No, sir. 

Question. Have you heard of any Union Leagues in Alabama lately ? 
Answer. I dont think I have heard anything about the league even as late as 1868 ; 
it was along the last of 1807 or the first of 18(33. 
Que4ition. You have not heard of any Union Leagues since 1868? 

Answa\ Not in operation ; I have heard them spoken of as things that had been. There 
may be Union Leagues there now, but I do not know anything upon the subject, i>?-o 
or eon, from my own knowledge. 

Question. Jud^e Van Trump asked you if the fact that negro suffrage, the right of 
negroes to sit in the jury box, and other privileges which they enjoy, having been 
forced upon the people of Alabama by the Federal Government, was not a source of 
irritation, and one of the causes of this resistance, and you said you thought it was ? 

Answer. I think it was one of the causes. 

Question. You said that those rights had been conferred without the consent of the 
white i)opulatio!i of Alabama. 
Answer. Yes, sir. 

Question. Is this Ku-Klux organization, in your judgment, intended to resist by 
intimidation the free exercise of those rights on the part of the colored i)eople ? 

Answer. That is the conclusion I have formed, from what I havo seen and heard. 
The testimony of the witness Force was direct that it was intended to control the vot- 
ing of the negroes. 

Question. To prevent the free exercise on their part of the rights which tho Federal 
Government had conferred upon them ? 
Answer. That was the idea his testimony stated with distinctness. 
Question. You stated that was your opinion ? 

Answa'. What I have seen has tended to confirm me iu the conviction that he told 
tho truth about it. 

Question. That is, that this organization of Ku-Klux was for the purpose of resisting 
the legitimate consequences of the conferring of those rights on the colored people ? 

Answer. I do not know that I could answer on that point. The idea was that they 
ivanted to control by this means tho negro vote, and also to control his labor. 

Question. To control his labor ? 

Ansicer. Yes, sir; nftid I intended to state so before, if I did not. 
QMesfion. Without wages ? 

Answer. They meant that he should work only for such persons and upon such terms 
as they sanctioned. 

Question. You then look upon it as simply a resistance to the free enjoyment of equal 
rights on the part of the colored people ? 

Answer. I can come to no other conclusion than that, upon the evidence which he 
gave and upon evidence I have obtained iu various other ways. ' 

Question. Is it not a fact that the majority of those who voted upon tho adoption oi» 
rejection of the canstitution of Alabama voted for its adoption ? 

Answer, The act of Congress provided that at least a majority of the registered voters 
of the State must ai)pear to have voted in the election. In Alabama the entire A'otc in 
the election did not make a majority by several thousands of the registered voters of 
the State. The great body of the white people, I cannot state tho exact number, but 
the great body of the white people, nine-tenths of them certainly, I reckon, wero 
utterly opposed to making the negro a voter in his then condition. * 

Question. Have you ever known any one convicted of any of these outrages which 
are attributed to, or done by men in disguise ? 

An8wa\ No, sir. 

Question. Have tliere been any indictments by tho grand juries? 

Answer. There was a prosecution, at the last simng term, in the county in which I 
live; but the parties were acquitted, notwithstanding the direct testimony of the man 
and his wife. I was not concerned in the trial, but I was informed that the testimony 
of the colored man and his wife was positive as to the identity of at least one of tho 
parties. 

Question. Upon what testimony did they get clear? 
Answer, Upon testimony that was satisfactory to tho jury. 



ALABAMA. 



93 



Question, Did it go to prove an alibi? 

Atiswer. Yes, sir; the alibi is the great resort in cases of violence, and insanity in 
cases of mnrd(^r, I believe, as a general rule. That was the defense in the trials in Cal- 
houn County, an alibi. 

By Mr. Blair : 
Question. AVerc the juries mixed juries? 

Answer. I do not remember ^Yhether the jury Vv^as a mixed jury that tried those 
alleged Ku-Klux who were tried last spring in our court ;^ but we have had mixed juries 
there. 

Question. Is it not the rule that persons of color are equally entitled to sit on the 
jiuy with whites? 

Ansu'er. Yes, sir; they have to sit there, though incompetent. ^Vlany times the poor 
creatures feel they are utterly untit for the duti(»s of the place, and, as I am told, they 
say to the white jurors : '^You fix u]) this verdict, and we will agree to it.'' That is 
not because they are corrupt, but because they do not feel capable of doing anything 
in the premises. 

Question. It is'not their fault then ? 

Ansuxr. Ko, sir; politics has been forced into the question, but we never would have 
had it forced on us if we had done right in ISG."). We had, in l^i]^), a white man's gov- 
ernment in Alabama, as there was in every other Southern State, but we lost it because 
certain men in the South were dissatislied. 

Question. Was it not rather because certain men in the North insisted that negroes 
should be allowed to vote because they would vote the republican ticket? 

Answer. I do not know about that ; but I felt very well persuad<'d that the true pol- 
icy for us was to have at once taken the negro right under the protection of the laws, 
as we do our wives and children. When Ihey became free they had no u)aster to take 
np their defense, and if the law did not protect them there was no protection foi" them. 
We did not do that, how(!ver, but undertook to mak(Miegro cod<'s, and while admitting 
that they were free, practically undertook to so reconstruct them as to make their 
freedom ii curse rather than a l>lessing. That is the great Idundcr we made. 

Que^>fion. Is it not more of a curse now, where the power of tiie State is put in their 
hands ? 

Answer. It is a great (^vil; but when the thing is done and made a part of the law of 
the land, it seems to me that it is the part of wisdom to educate their children so as 
. to iit them for the new sphei<' of life to whirh they are called. In old times the moral 
persuasion of the negro was the whip. AVe siiid. If you do this, 1 will v. h'p you ;■' or, 
*• If you do not do that you will be punisln'd.'' Tht' law as it then stood <li(l not \u't- 
mit the cultivation of tlie moral sens(i of the negro child, and tlie grown-up negro 
man was only educated morally as he oI)tained it by contact with the su])erior l ace 
with which he mingled. The negro child did not receive the training which we give 
our own children, and which we lind it necessary to giv(^ our own children, and with- 
out which they would fall into vice and crime, and even witli which it is not always 
certain that they will not do so. But the certainty is far greater when they do not 
have that training The negro was controlled ]>y means of the whip and the lash in 
slavery times. When slavery was abolished the negro was not thereby transformed 
into an angel of light. That negro who was a good servant whih' in slavery, as a gen- 
eral rule, was a g(K)d man when he became a freed m an ; and th<3 negro who was idle 
and vici(ms before, still remained so. You must make allowances for them now. I was 
born and raised in New York, but I went to live in AIa])ania immediately on coming of 
age, and have lived there all my life since. 1 think 1 know something of the southern 
])eople ; th(\v are a warm, generous-hearte^l. and ini])nlsive ])eopl(i ; but tli(\v were ac- 
customed to having tht'irown way, and to be obeyed when they gave an order. This 
sudden tiansition of the negro race from slavery to freedom, without the consent of 
the white population there, and Avithout preparation on the part of the negro race, 
gave a great shock to the people, as you may well understand. The consequence was 
that men naturally fell back into tlieir old way of dealing Avith the negro Avith the 
lash. It was not safe to do it openly, but this secret organization furnished a Avay to 
do so. It was not organized in the lirst instance for this purx)Ose, as I learn, Init for a 
very ditlerent purpose ; I do imt knoAV Avhat it was ; but it came to be understood that 
in this Avay negroes might bennide to toe the mark again, to do the bidding of the em- 
])ioyer, to C'ome up to time, a little more promptly, and do more Avork than they would 
otherwise do. It also soon became apparent that in this way the negroes could be de- 
terred from voting, as they naturally would be. As I said aAvhile ago, the negroes Avill 
trust their old employers about any matters of business just as implicitly as one man 
can trust another, but they Avill not trust them in politics. They haA^e no faith in our 
speeches unless they see tiiat Ave act Avith the republican party. 

Question. HaA^e theynoAv full faith in those fellows who promised them forty acres of 
land and a nmle each in order to get their votes? 

Answer. I do not think they have. Although I have heard a great deal said about 



94 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



that I have never distinctly kuown it to be proved that any such promise has ever 
been made to them. Still, I have heard so much said about it that I have always 
thou<^ht there ^Ya8 some foundation for the statement. But, after all, the great under- 
Iviii^sentiuient in our Southern States, so far as I comprehend it, grows out of the dif- 
ference of opinion iu regard to the constitutional powers of the Federal Government. 
Men have been educated, and have grown up in the belief, which they entertain as 
honestly as men can entertain any sentiment, that the States had a right to secede, 
and that in the last resort they were the sole judges as to when and how to exercise 
tnat right. They honestly beljeved that, and it is not worth while for us to shut our 
eyes to'' that conviction. In the next place, they believed that before the war tho 
Union operated prejudicially upon tho interests of tho South; that if the South was 
out of tho Union, she, by means of her staple productions, especially cotton, eould form 
relations with other governments much more advantageous than her relations with 
the Federal Government, and that it was better for them to go out of tho Union. That 
was their creed, and they honestly believed it ; and in the effort to put it in practice 
they periled everything men hold' dear— life, fortune, the institution of slavery itself, 
and all else were put upon the issue. There was another large class of our people who 
entertained different views. They did not believe in the right of a State to secede ; 
they had still less faith iu it bein<; wise and politic to attempt it. They believed that 
so long as the Union could bo maintained it would save us from great standing armies 
and navies, and from the taxes which inevitably follow^ in the train of such establish- 
ments ; that it would save us from the conflicts which for the last hundred years have 
deluged Europe with blood, and of which wo now see a terrible example. The area of 
tho United States is not larger than that of Europe. Yet prior to tho war we had only 
thirteen thousand men as a standing army, while in Europe, in consequence of their 
many separate nationalities, there were standing armies of from five to seven millions 
of men. While we preserved the Union we were relieved from these establishments 
and from taxes to sui)port those establishments. Under the Union wo had a uniform 
standard of weights and measures ; our commercial intercourse was free and unre- 
stricted; we had a uniformity of post-roads and a uniform currency. In the opinion 
of this class of our people, in the language of Washington in his farewell address, the 
Union was tho palladium of liberty. But in the opinion of men educated in the other 
school, the Union, even before the war, and of course it is much more objectionable 
now, was the means of sapping our very life-blood, drawing our resources from us, and 
giving nothing in return. These men entertained their opinions with honesty ; and 
so far as that is concerned matters stand now as they stood then. With individual 
exceptions here and there, men who then believed that the States had a right to 
secede believe it still ; men who were not in favor of the Union then only regret now 
that they did not make their movement a success ; the advantages of the Union do 
not, in their opinion, afford any sort of compensation for tho losses entailed upon us. 
The state of things now is to them beyond expression horrible and distasteful. In my 
judgment these men are not enraged "^against this Government because they are dis- 
franchised, but because they have not be'en permitted, sineo the Avar at least, to man- 
age their own affairs. They feel, therefore, that they have a continual ground of 
grievance against the Government. 

By Mr. Van Trump : 

Question. Do they not feel the immeifse pressure of this fact, the parallel to w^hich I 
believe does not exist iu all history, that those who were formerly their slaves are now 
really placed over them as their superiors ? 

Answer, Of course they feel it. 

By the Ciiairmax : » 

Question. Taking this view of it which you have given us, are not these acts of out- 
rage and cruelty upon tho negro race and upon those who support their rights, simply 
war upon the part of people who hold one set of opinions against those who uphold 
another set ? 

Anaicer. There are acts of violence. 

Question. War carried on with arms? 

Answer* If the circumstances aro such as to make it amount to war, tho committee 
can judge. There is an organization, but it does not come in the daytime with music 
and banners, but in the night-time, in silence and in disguise, as I am told by those 
who have seen them^ and as was shown by the proof in the trial. Thev have often 
been seen m that section of conntry. It is a spectacle calculated to make men's blood 
run cold when they see what they do. It is an organization of the most dangerous 
character in any country, and especially in a country where tho causes of dissatisfac- 
tion, w-hethcr real or imaginary, are as numerous as the people of the South think they 
are. n the Government permits that organization to go on, it is in effect surrendering 
t le peace and good order of the community, and everything which men hold dear, into 
the hands ot a lawless, irresponsible, and violent set of men. 



ALABAMA. 



95 



Quesiion. If tlies<; sentiments of \Yhicli you have spoheii are at the bottom of these 
proeeediugs, is it possible to coutrol the community in which these things occur by the 
force of civil jDroceediugs in the courts ? 

Answer. I hope it is: 1 hope and trust we shall have a sober second thought in regard 
to what course to take, and not have to fall under military discipline before we come 
to our senses. What I have said in regard to the division of sentiment among the peo- 
ple is for the purpose of showing, so far as my opinion and the rc^asons for it nniy be of 
any value, lirst, in what way and to what quarter the Government nuist look for a 
movement in behalf of law and order; and then, in the next place, that the Oovern- 
ment may know how to judge of the real sentiment of these peo})le. I'hey ought not 
to be regarded in the light of great criminals — that is, men who have a nuilicicnis pur- 
pose toward everybody. I'hey are men who feel, and no doubt honestly feel, that their 
rights liav<^ been trami>led underfoot, as they regard it. They may claim rights they 
are not entitled to as a free iieople ; but notwithstanding that, they feel just as nmch 
outraged as if those rights were ever so clearly theirs. The facts are there; they are 
dissatisfied. 

Qucslioih In the returns for ISGS it is stated that the vote cast for the adoi)tion of tho 
constitution was 80,318; the vote for the Grant electoral ticket was 7G,:>6(), and for the 
Seymour eleetiual tieket, 7:2,0S6. I fmd no vote stated as having been cast against tho 
adoption of the constitution; but linding about 4,000 more votes cast i'ov the consti- 
tution than is cast for the Grant electoral ticket, 1 wish to ask you what vote among 
these returns would fairly represent that part of the vote of th^^ State which declined 
to express itself ui)on the question of the adoi)tion or rejection of the constitution? 

Anaiccr. The vote of the entire body of the white people^ of the Stat(% if it had been 
registered, would have amounted to "something between 90,000 and 100,000 ; but the 
great mass of the white i)eople of the State refused to vote at all u])()n the question of 
the adoi){ion or rejection of the constitution, myself among the number. And in regard 
to the election for President, they became satisfied before the election was over that 
General ( Jrant would be elected, an<l a great many did not go to the polls and vote who 
would have gone otherwise, probably. 

QiUHlion, AVas the refusal to vote ui)on the constitution largtdy upon th(^ ground that 
the whole reconstruction ])olicy was void and worthless ? 

Jih'nccr. Yes, sir, so far as I know. I did what 1 could to prevent that constitution 
being adopted, or any action being taken upon it ; 1 urged the people of the State to 
take no action in the election at all. But in the presidential election I urg<Ml them to 
vote, for I thought that was our only salvation to get clear of negro sulirage ; 1 tlioiight 
if the democratic party succLcded that we should be able to get chnir of it. I thought 
then we would be enabled to inaugurate in Alabanni a system, as 1 trusted they would 
in otlun" States, by which the white and the colored race would be nble to get along to- 
gether as peaceably and properly as in the nature of things we could expect. 

By ;Mr. Cor,rnx : 
Queslion, You acted with the democratic party in 18G3 ? 

Ansn-cr, I did then; but when the election was over I came out and said that, having 
voted against the rei)ublican party as long as it was worth while, it would better 
to make terms with them, work along with it, and in that way acipiire their con- 
fidence. As long as we opposed them tliey were susj)icit>us of our intentions in regard 
to the negro and the i>erpetuity of the Union. I think now, looking back over tho 
past, that I committed a great error in not urging u})on tlu^ lirst convention of 1865 
the addition of a qualified negro suffrage. I believe if we had done that we should have 
been accorded a recognition as a State in 1865 and 1866, and that Alabanni would have 
been admitted to re})resentation in Congress, no matter who were to take seats as 
Represautatives and Senators. 

By the Chairman : 

Qucsiion. AVhile on the sul)ject, I will ask you if it is not your oi)inion that had tho 
Southern States accepted the fourteenth amendment to the Constitution, they would 
not have retained this question of sutfrage in their own hands ? 

Answer. At that time 1 was entitled to claim a seat in the Senate of the TTnited States, 
having been unanimously elected to that office ; although I could not take the iron-clad 
oath, 1 endeavored to ascertain whether we would admitted if we accepted tho 
fourteenth amendment. 

By Mr. Blair : 

Question. In other words, as a supplement to the question of the Chairman, if tho 
whole southern people had turned republicans at that time, it would have been all 
right 1 

Answer. I did not understand them to make that condition. They did not feel cei- 
tain that we could be relied upon in regard to two things : first, in regard to the negro, 
who must be in a great degree committed to our charge ; and, second, they did not 



96 CONDITION OF AFFAIRS IN THE SOUTHi.RN STATES. 



have entire confidence ill regard to our implied submission to the Union. But tbey 
feared that second less, because they knew they had the physical power to put us down 
if the issue should ever again come.. But they feared that we would not deal fairly 
with the negro, if the question was put beyond the control of Congress. Let nie add 
one word about the fourteenth amendment. I could not ascertain that Alabama would 
be admitted and recognized as a State, even if we did adopt that amendment. On the 
contrary— I did not get it from Mr. Sumner himself, but I got it in such a way as to 
lead me to believe it — I was led to believe that Mr. Sumner and Mr. Stevens had still 
further purposes, which were not communicated, as to us. Therefore, we could not 
see anything to be gained by adopting an amendment which was only to bo made a 
stepping-stone to some other proposition. 

By Mr. Cobukn ; 

Question. Was there anybody really who had authority to make a bargain ? 

Aimccn I suppose if the leaders of the party had said so it would have been all right. 
Mr. Wade himself would not say for a long time what they would do. I think he said 
in New Orleans, in a speech he made there, that if the fourteenth amendment was 
adopted by any State he should feel bound to vote for the admission of that State. 
But it was then too late ; most of the States had acted on the amendment. 

By Mr. Van Ti^ump : 

Question. Do you know anything of the character or standing of this man Force, 
whose testimony you have referred to i 

Anstcei\ Only from an inquiry I instituted with reference to him after he appeared 
there, asking that the man who had outraged his daughter should be secured. He then 
communicated to me that he knew something about the Ku-Klux. Before I i^ut him 
on the stand, I made some inquiry about him, but the result was not very satisfactory. 
I did not get an opportunity of satisfying myself until I met with Judge Haroldson, 
the judge of the circuit court in which Cherokee County is included. From him I 
learned that Force was a man who could be relied upon for the truth of what he might 
Btate. 

Question. Does this Force still live there? 

Anstver. He stated that he had been compelled to go armed ever since he made the 
issue with the men of the organization ; that in fact he had had a fight with them 
right on the spot, when he told them that he would go with them no longer; and that 
he had wounded one of them. 

Question. One question in regard to the Eutaw meeting ; you said there was a large 
meeting? 

Answer. Yes, sir. 

Question. What was the relative proportion between the whites and the blacks ? 

Answer. The preponderance Was very largely on the side of the blacks. 

Question. Were there more than one or two hundred white men there ? 

Answer. I cannot state what number were there ; they were there in considerable 
numbers ; the town itself is a pretty large town. 

Question. Wliat is your impression about the negroes being armed ? 

Answer. I saw only two or three armed, with an ordinary pocket-knife, such as men 
generally carry ; I saw none armed with arms of any other kind ; their conduct was as 
peaceable and orderly as ever was seen at a meeting, until the fuss with Mr. Hays, 
when two or three stepped forward from my right, but immediately desisted when I' 
spoke to them. • 

Question. Do you remember about the negroes forming a line across the street ? ^ 

Answer. No, sir, I did not see it ; they got away as quickly as they could. 

Question. Did you hear them fire from across the street? 

.Inswer. No, sir, I did not. As soon as I could get away, after the firing, I went across 
to the hotel, and went up to the room of Governor Smith. It was his chill day; he 
nad not spoken that day, though he spoke the day before. 

By Mr. Pool : 

Question. The right to vote, to sit upon the jury, &c., conferred upon the colored 
man, are all embraced in the general expression, '* reconstruction policy of Congress." 
Do yon consider this Ku-Klux movement a resistance to that reconstruction policy ? 

Ansicer. Well, I cannot say that I have any definite opinion on that point— that is, 
one which is satisfactory to myself ; the inclination of my mind is that it is a resistance 
to that policy. I am inclined to believe there is a general dissatisfaction. If von 
include in the " reconstruction policy" the making of the negro a voter, then I think it 
is. It is his being made a voter that has given point and effect to this whole business. 

Question. If the Goveraraent of the United States should reverse that policy, should 
abolish the reconstruction laws, should rescind the constitutional amendment, do you 
think it would have any tendency to restore quiet and peace there ? 

Ans^cer. It would make those who are dissatisfied on that ground better satisfied. 



ALABAMA. 



97 



l)ut it vrould p.ialvO a ilissatisfaction on tlu> other ^:.id<\ For oiio. T am opposod to any 
rescisloiij ior 1 tliiiil: l^o^Y tliat ir i.s adoplt'd, wc had bc^ttcr do the bc-iit v.-;- vini with it. 
Ill a frw ycais \]ic<v tLiD«xs wiYl pas.s aAvay, and the Goveriiiiiejit is oi" !ar iimre iir.port • 
a.r.ee tliaii the-.' tnnporary tliinp'^. 

(Jiie-^iiou. ll" llie (ioverumeiit will not iL-trace its stcp.s. then ^v]lat [iolicy should the 
Goveniinent ]!ursue ! 

Jpsivcr. I am eertaiu of one thin,2:, that Ave eannot do anything withonl havinj^ hiw 
and order; thrn^ mnst he that security which comes iVoin the maintenance (»t ]aA\ and 
order hy means of the courts, before there can l>e any reed peace and prosp^ority in any 
country. 

Qiusdov. AVhat can the Ger.eral (rovernp.ient uo to secure that ? 

^lit>;ir(r. ] think it is taking the riglit course by :u]o]>;i!i<>; ilic-!^ ni >a<nres which were 
passed las! AviuTi-r. jf our })eo})|(» will oidy learn wi.-iioiii, ar l ,<.;'>to cidercing the law 
in our State by the Srate coni ts as we oni^ht to. give ]!rot v'c! i.'^n lo thv' peo])l(\ no 
mailer v/iiat ilieir i5o!;ni*;!i sciitlnit iit.; m;iy Ix'. s-) long as tlicy do iiot vi(, tlic !a'.v, 
it will bo eJi right. Ir is no crime ibr ;i nian to tlnnk the I'. jmbliean pr.rty is vMititlcd 
to liis coniidcnce and snp]M>;'l ; wb.cn it becomes a crime b-r liim ]>nni.-h<'d for it. 
These men arc eiiiliobleiied (o go on in tbcir coin's", from ib.' facl thai i .be,/ believe- 
tliat such is i!ic general M iitiment no Jury v.onld imlict t^'.n^m, oi* i !' an indicrment 
Avas Ibnnil, n{>ne v>'onld convict them, since tlie Cojig'-e.^s (micied .}ie.s(> laws it lias 
givtMi tbem very tb'cidcd ])aiis(\ ( >])eci i 'ly \vlien tiry r -rd tlw proclamation <d' tlio 
I'resident, v.'arning tbe ])eopde that if it lu conies neccssarv, lie v ill exert all (ho powei'S 
with wjiich Congress has clothed him; that has .^cc them ihinking. 

By ^Ir. r>LAin : 

Qn<siii()n. How much does this repressive p(»licy of Congress diiler from the policy 
Avhi(di exists in Ireland? 

^tusivcy. This is no such repressive policy as that, for the sinrple rt^son that the cases 
are not sinnlar. The r(«]»ressive })olicy in Ireland is a very diiferent ntVair. In llio 
hrst i)lace, the Iri.sh were conquered by invasion, and they have Ijcen settled, as they 
term it there, about three times. 

(^^ucsCioii. How were tiiose ])eople down south compu'rcd 

^Insivcr, Yon ought to know, for you hel})ed to do it, and I was mighty glad to see 
yon when you \\ ere doing it. 

(J)U'»f'iO}}. Was it noi by inv asion ? 

r>y imtling' dov« ii armed rebellion. 
Qi!(><fiinf. Vk'as not ibat tb(> same thing in Iicland ? 
.b,'-S(rrr. No, sir; Ireland was free and independent. 
(Jnc:<'i(>h'. ^^'ere tliev not con«[U<'red by invasion 

.i;.'w/r. r. Yes, .Nir;" bni they v ere a free ])eople when their country was invaded, and 
thi'y owed no aileL;i;inee to ihc governm.ent of threat Ib ita.in. 

^Vere not the people otthe South a i"re(^ ])eo])le 
^lit.sin v, sir, but they ovvcd allegiance to the Constitution of the United States. 
Qiifstlon. They owed allegiance to their (Government. 

Ansircr. Tlicy owed allegiance to tbe (b)vernment of the I'nited Stat(\s ; (b(^reisno 
(h^nying that, ibr if they did uot, then the (iovernment of th(^ United States is a mere 
myth. 

(Juc'dioii. I will not go into that matter ^vitl) you, Ibr we may not dilfcr mnch un that 
liea<l. What I v.ant to know is, in what do the repressive measures adopted by Con- 
gress toward the South, dilfer from the repression which for three centuries has been 
adopted by England toward Ireland ? 

Aihsu'cv. It (litters in this: in Ireland there was no race of pcoplt^ to be set free and 
to be provided for ; all were free. 

Question. Does not that make it more ditficnlt in the South ? 

Auf^icfv. Our dihiculties are v(>ry great ; 1 have not gainsai<l or denied that ; I admit 
it. But Ku-Kinxism only aggravates them ; ii aggravates the evils and(hj(\snot mod- 
ify or im])rove anything. 

^ (^hfcsi'tot). Is it nV,r tiie ontcropping, rather, of op})ression and tyranny, exactly like 
the outbursts in Jichmd 

Ju:~iir()\ In the lirst place, the Irish ])eo]de were a sei>arate and indei>cnd(>nt nation; 
they vrcre under no obligaiio]i what(wer t(» the lUitish government. Tliey w'(»i.-e sim- 
ply'invaded and subjugated, and naturally they resisted it. That was not the case in 
the South. Our tbrefathers f>rmed this Union of theii- own accord ; in the convention 
little Delaware and IUiod(.^ I.sland had equal power with Virginia, rennsylvania, and 
Xew York. Tliose men had never fought each other: they liad never shed eacli other's 
blood, nor had their forefathers dom.' so. They met as equids ; they Ibrmed the Con- 
stitution, and said they did so. among other thing.*;, "to preserve tli<^ blessings of lib- 
erty to themsidves and their i>ostei'ity.-* Tlie swoid of Brennus was not throvrn into 
th.at scale. Tliey ni(,'t as ecjuals; they made the ilag upon whi(di each star was c(pnd. 
They wv^re bound by the Constitution they formed ; their children were bound by it. 



98 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



It was our duty to staiul hy it, in viow of the immense benetits which it conferred, and 
of the evils that would result from destroyinj^ it. I bless God that it wa.s fsuiiported— 
that others did stand by it ; I could not dv it; I would have done it if 1 could. I in- 
tend never again to be i>laced where I cannot stand by it, and, if need be, die for it. 

By Mr. Van Tiu-.mp : 

Onestion. AVe will not differ on those propositions. I admit the great error, and political 
crime, perhaps, which the Southern States committed in seceding; they had no eonsti- 
tntional right to secede. But when we look at it in the general aspect ; when we come 
to consider that the difficulties that now surround us surrounded the men that formed 
that Constitution ; that the b.'ittles which were fought between the confederate soldier 
ami the Federal soldier wen> fought in these very halls; that at last the battles that 
were fought in these halls eulminatcd in an appeal to arms by men on both sides, with 
lionest convictions— taking all these things into consideration, do you not think that 
the true policy of the Government is amnesty, mercy, and the equal administration of 
the law ? 

Answer. For political offenses, for all connected with the past, I think it is. I say 
anmesty for the past with respect to political offenses ; but I say the law and its pen- 
alties, v»'here a proper ease is made out, fot assassins and nnn^derers. 

Question. Right there we do not differ again. The purpose of this investigation is to 
ascertain whether there is a band of lawless men organized generally in the South. 

Ansirer. I am aware that is the object of the investigation, and I am glad it is in the 
hands of men who intend to discharge their duty impartially, as I can plainly see from 
what has transpired here this morning, as well as from reports of xihnt has heretofore 
been done, so far as they have come to my knowledge. I trust I am really grateful 
that this is to be investigated. If these things are all false, let it be known, and let 
those of us who have been under this imi)ression, and willfully so, be held up to pub- 
lic execration as we deserve. On the other hand, if these things are true, in the name 
of good government, law, and order, let ns by every just and proper means maintain 
the supremacy of the law. , 

Question. Is" it your opinion that in any of these southern States, with, perhaps, the 
exception of South Carolina, this organization, if it exists at all, as a general proposi- 
tion, is so strong that the State courts and the State authorities cannot control it with- 
out the aid of the military power of the Federal Government ? 

Ansivcr. 1 cannot speak with regard to South Carolina, or any other State, so well aiS 
of my own. My opinion is that in the heavy negro counties, as we call them in our 
State, there is a state of public opinion which completely overrides the law, which re- 
fuses to enforce it with respect to a certain class of offenders and a certain description 
of offenses. 

Question. How many counties of that kind are there in Alabama ? 

Answer. In my opinion, a great many of these negro counties. I say so because I 
have no information of all the murders that have been perpetrated, but they are nu- 
.merous, and I have never known an instance in which a man has been convicted of 
killing a negro. 

Question. Has it not been impossible to lind out the perpetrators ? 

Answer. In some instances it has, in others it has not. There is this to be said for 
our people : They have always been disposed to make allowances for killing and shoot- 
ing each other in what they call a fair fight; juries would always go as far as they 
could to excuse a man for that, and when they had to convict him would punish as 
lij^htly as possible. I)ut if a man lay in wait for another, stood behind a tree and shot, 
him, or laid poison for him, resorttnl to any of those secret modes of assassination, t 
have never known of any country where they would punish a man more readily for 
such a thing than in the South. But in regard to a "fair stand-up fight," as they call 
it, they would make all the allowances they could, because they did not know how 
soon they might get into one themselves. In regard to punishing other crimes, such 
as theft, burglary, arson, <fcc.,in old times our courts and juries were as fair and impar- 
tial and faithful as the courts of any other States, and I thiidv our records will prove 
it. But since the war, since this state of things has occurred, a different sentiment^ 
has prevailed. :Men have gone in numbers and whipped and beaten and outraged col- 
ored people, taken their arras away from them, and in other ways have done them 
wrong, not to speak of the murders that have been committed. But yet no one of 
them has been punished that I know of. I think there is a sentiment in our State 
which only needs to feel that there is a power that, in the last resort, can be relied on 
to uphold law and order, which will come up and perform its dutv ; because we have 
wives and children, homes and firesides, and we belong to the English-speaking race, 
at least to a civilized race, and wo want the protection of the law and ord(^r, peace 
and quiet, around our homes, and security there. I think it is only necessary for the 
Government to show that it is determined to put this thing down, and the work will 
at once bo largely accomplished. It is only upon the idea that they can go scot-free 
that men arc disposed to commit crimes. If a man knows that he will certainly bo 



ALABAMA. 



99 



overlir.ujed and punisbed, that the chances will he ninety-nine out of a hundred that 
he will be, ho will hesitate lon^n' betore he eonnnits a crime. 

(Ji'.a^iion, All your ideas about the extent of the olfeuses committed are niert? otjIu- 
ions / 

Jttsurr. I never saw one of them committed. 

Qitcsf'iou. In the state of leelini;- in the .South is it not probable that very exai^geratcd 
accounts of these thin^^s will get into the newspapers, and be circulated in that way ! 

Au.^fccr. Yes; and it is very natural tluit men should feel dissatistied. Our great 
mistake is that we have alKjwed our feelings of dissatisfaction to take a wrong direc- 
tion. It certainly is not riglit for men to shoot and whip and kill in the manner they 
have been doing there for some time past. 

By Mr. ConuKX : 

Qncstion. Something was said in relation to the invasion of the Soulh ami the coa- 
(pK'st of that region. Do you regard the marching of the Union armi<'s through the 
South, during the war, as :iu invasion, or the restoration of law and order there a coii- 
(piest of the South ? 

Au.'^arr. In on<^ setise the marching of an armv anywhere is an invasion: but in a 
politic;il sense I do not regard the marching {)f the Army in the South {is an iiivasiou 
of the South ; neither do l regard th(> restoration of law and order there a coiuiuest, 
exce])t over ci ime and violer.ce. I ^vish it to be understood that I am heartily in favor 
of that sort of con(piest. 

r>y ^Ir. Pool : 

Question. I did not catch your answer to Judg(^ Van Trumifs (piestion in regard to 
the i)ower of the State courts to deal with these Ku-Klux crimes. 

Aiisircr. I think this: That in the ]»resent condition'of thiugs an attenii)t on tlu^pait 
of tho State, right at this time, to euforce the execution of the law, would, perhups, 
lead to eonlUcts. It might n(Jt in Alabama, if tlu' governor organized c(mi])anies ot 
white men. Ihit T do not think otir people would sul)mit ([uietly to have companies of 
negroes organized for the i>urpose of a\resting them ami enlbrcung the law. 1 think 
they .wou.ld light tliem. Oji the other hand, 1 thiidv if the (iovrrnmcnt of the United 
States will furnish its troops to aid th*^ civil authorities to uphold the law, they will 
not tight th(^ United States troops. 1 think in tbat way we could avoid collision and 
bloodshed. 1 have beeii all the time opposed, and so was our lat(^ governor, to the or- 
ganization of colored troops, bv cause I thought it wouhl only aggravjite our condi- 
tion. 

Qui.sfion. Could you liud white men upon whom you could rely ! 
Auxu-f-r. I do not know that we could. 

(Jur.-iUofi. Yon W(u-e asked if tlie accounts of these outrages in the newspapers wero 
exaggeiated. State vrhetlau- there has l»eeu exaggeration, or whether the truth has 
been entirely told. 

Ansarr. 1 would not like to in<lorse all tiie news])aper rei)orts, nor would T like to 
condenni them. So far as any tr;insaet ioiis have come to my ku(»wle(lge, from tlu^ infor- 
mation I liav(^ received. 1 know of no exaggeration in regard to the alfairs of our State. I 
think aifairs there have e(piall<'(l, and nuue than equalled, all that has been represented 
of them. 

Ey ;Mr. Stevenson : 

Qt((f<ihn. I understand you to divi<le the white ])opulation of your State into two 
classes — those Avho wen^ originally and who are still of oi)iiiion that the State had a 
right to secede from the Union ; and those who adhered to the Union. 

Ausiar. Yes, sir. 

QKef<tiO)L If the original Union clement, which I understand to have been the old 

whig party 

AHHH'cr. A great many democrats were Union men. 
Qutiitiou. So nurch the better. 

Ansiwer. And General Jackson was a mighty popular man down in our part of the 
State. 

Qtastion. If the original Union eh-ment he added to the negro vote, is then^ nor '.a. 
Alabama a majority of adherents to the Union / 

Aiisd'cr. Yes, sir; if the whole Union element could be got to act with the whole 
colored vote, there is a very large majority for the Union. 

Question. Is not that a very hopeful circumstance ? 

Ausnrr. That is my foundation to build upon. 

Qucbiion. That distinguishes your ease from that of Ireland ? 

Ausurr. Yes, sir; indeed, I do not think iha two^^cases are analogous ; we are a part 
of this Government; Ireland was not part of lilngland. 

Question. And a majority of the actual v(jters in Alabama now x^refcr the Union and 
this Government, if they could be brought to act together i 



100 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Jvi^tccr, I think so ; I think if wc conld have a fair canvass upon the issue of Union 
an(i disunion now, ^ve shonhl vote now a^^ainst secession. Iknowthat in 1860 wo would 
have voted ai^ainst it overwhehiiingly, if the issue had been fairly made. But tliey 
denied then tliat we were in any dan«;er of disunion ; they said they only vrauted to 
;;et thin^^s hxed up a little better. 

Question. Your idea is that the friends of the Government should be got to cooperate 
together i 

Ansirev, Yes, sir. 

Qucf^tiou. And in order to do that the authority of the United States should bo exerted 
to ])reserve the peace ? 

Anmver. Yes, sir ; I do not think any man can object to the authority of the United 
►States for tlie»i)reservation of law anil order, when the condition of things is as it is in 
Alabama and some other States. That authority does not trample down our rights, 
but puts us in a condition where we can uphold them. 

QiicsiioiK You say this witness Force spoke of a purj^ose on the part of the Ku-Khix 
Khm to restrain the freedmen as to their labor if 

Answer. That is my recollection of what he said. 

Qticsfion. Was it a part of their idan to require him, so far as it was i^racticable and 
where his old master wanted him, to work for his old master ? 

Aiwurr. 1 do not think he said that; I have no recollection of his saying that. 

Question. Did ho describe to you how the whii^ping ^ras done Avhen men were 
whipped ? 

Answer. He described the manner in which the particular person was whipped that 
they dealt with the night he was admitted into the organization. 
Question. How was that ? 

Answer. Just in the ordinary way ; he was called out from the house and compelled 
to dance a while for their amusement, and then they whipped him with hickories. 

Question. Did he speak of any orders being given, or of any formalities observed on 
that occasion ? 

Answer. I do not think he did. 

Question. Did you preserve notes of his testimony? 

Answer. The testimony was all taken down in writing by a clerk api^ointed for that 
purpose. 

Question. And became official ? 

Ansicer. It was filed in the office of the circuit court clerk of Calhoun County. 

Question. You spoke of a gentleman by the name of J. J. Jolly as serving a notice 

Answer. Delivering a note from Governor Lindsay. 
Question. Demanding of Governor Smith the office of governor ? 
Answer. That was my understanding; I did not seethe note. 
Question. That was after the injunction had been issued and served ? 
Answ'cr. That is my recollection. 

Question. Is that the same Mr. Jolly who resides at Entaw ? 
Ansicer. Yes, sir. 

Question. A leading lawyer there ? 
Answer. Yes, sir. 

Question, A prominent democrat ? 
Answer. He is said to be. 

Question. Is there any other man of that name there ? 

Answer. Not that I know of; I have no recollection of ever having seen this man, , 
ough I may have done so, nevertheless. 

Question. There is no other man of that name at Eutaw ? * 
Answer. Not that I know of. ^ 
Question. Yon spoke of the fact of violence in the counties of Greene, Sumter, and 

Marengo. Do you know what the cfFect of that violence was on the vote of Greene 

County ? 

Answer. The riot and shooting occurred some short time before the election in No- 
vember, not many days. The election was on the 8th of November, I think ; and I 
tlnnk the shooting occurred about the middle of October, as near as I can uow.recol- * 
lect. AVhile I cannot say that men did not go to the polls and vote, or when they did 
go and voted for the democratic ticket that they did not do it of their own accord, I 
can say that this occurred there: there were some twenty-live hundred to three thou- 
sand colored people there, and when I closed my frequently interrupted remarks to 
them, I called upon them to hold up their hands and signify how many would attend 
th(^ l>olls and vote, not the republican ticket, but vote at the next election day; 
there was a general response, so far as I could see ; every colored man in the crowd 
raised his hand, and most of them ])ut up both hands. 

Question. I see by the returns in 1869 that Greene Countv gave for Mr. Hays for Con- 
gress '2,7-2o votes, and lor his opponent, Mr. Read, 275 votes. In 1870 Greene Connty 
gave lor Mr. Hays only 1,700 votes, while it gave for Mr. Havs's opponent 1,825 votei 
making a change from one side to the other of about a thousand votes. 



ALABAMA. 



101 



If that was tlio voluntary action on tlicir part, tlien vrhy tlie ii-'. • ssity ' f 
liri!!!:; into that <.'io\v<l of noiiroes and i:>ntting tli<nii throa<i;h such ii course of discipliiie 
as t]iat shootin;:' nm.Nt iiavi^ Ix't'ii ? If they woro jjoini;" to voic for Ihc dcniocr; 1 
tickv't anyliov. ! vrliy sh(uikl they be facilitated in that manner ? That is tiic vay the 
Tiling- ]rresc.>nts its( If to my miuth 

' )•!( '■fii)}i. In other words, vrhy shiould thev shoot their friends ? 

J::^!rc)'. Yes, sir. 

Q:i'.<'ioiK By rlie returns, Yo:. Hays, in ISG'J, in Sumter County, received r3,30'i vott s; 
his opponent*, Mr. I?ead. received '471) votes. In 1^70, in Snniter County, Mr. Hays 
Tt 'Cv'ivod but 1.4:i7 votes, wliilo Jiis op])onent received *J,055 votes, nnikin;^ a c]ianj;o 
there of about 'JOO vot('< from one si(h^ to th.e otlier. Then, assumin<»- that this ehan:^e 
was brouj;ht al)out I)y viohmce, (hos'.> two ct^unties ahjuo wouhl have been sufhcient to 
ch;inL>'e ihe result in iho State. 

J... .TO*. That, I tliiiik. is very el. a.r: but there were also other parts of the state in 
v/hicli tlun'o were c]ian^!j,es. 

I>y Mr. Van Tnr.Mr: 
fJuc^Ciou. You say you advocated the democratic ticket in ISGS ? 
^iiitswrr. Yes, sir. 

fhic^tiou. Yon are now a thorouo,Ii re])ublican, as I uudcratand it ? 

^iii-^-}r( r. I act with the repnidicriu })arty for the reason stared : that I see no use 'n 
any f rther o})po--inou to the reeonstrneiion jxiliey v.-hich the CJovernnient kr:S 
ado])ted. 

By Mr. Sti:vi:xsox : 
(•,fc.s\'/,,v,'. You und 'r^tand that the democratu* party is op])osini;' rj^construction 
.h: !rcr. Yes, sii ; and especially opposin;^' the ediK-iition of the eolo}-ed child, wiri h, 

in niy Juduvenf. is tlie only way in which we can remedy the evils, or, in short, :lt 

any one- for the exercise of political duties. 



Was!iix(-;t()x, D. C, Jhuc If). 1S71. 

LrTIIEU R. S:\IIT1I sworn and examined. 
r>y the CiiAiR:>rAX : 

(jiit>!f}<)u. Ill wiia.t ]i')rtion of Alabama do you live? 

_.^/.s.''vr. in Clax-r-w (.'(umty. in tlie southwestern portion of the State. 

(Ji'' <'}('.!. J low ioui; ha.ve you resided tliere ! 

. ivr. Since \(v,-em''.rr, I'-n."); pfiiuau 'utly sine<* December, ISfM. 

(y!i^!'>ii. \\'\]'\^. (Niicial p;»'ii<*ns jiave>(Ki held from that time to the present, e , /I 
what .'{eHU'iunities ]:;ive you Iiad of Icuowin;;- tlie cxistiniji; condition of tl in^s tiicr- .-.s 
aliecun'.-; the exccatii^n (»f ihe law and the security of liiV' and property in tlie ])ait of 
the State in wliieh yon li\'e ! 

.i.'r /'vr. I Avas at)pointed re^-isl i-ar of Clioetaw and AVashington Counties by (h-n- 
erai l'o])e in l^o7 ; that was th.e lirst oflice I lield there. After registt^rin.i;- tliosti tvro 
<'onnti(^s [ was elected ju<l<2:e *»f the circuit court for the seventh jndicip.l circuit, com- 
poved (;f Choctaw, (rreen(\ Marengo, Sumter, and I'ickens Con.nties, and entered upon 
llu^ duties of the oftiee at tiio time the State <;-overnmenl was formed under the leeon- 
struction act of l-^i'*-^, an.d have been i)erformin<;' those diuties since that time. If you 
will designate what particular line of in(piiry you wisl» mc to end:>race in my testi- 
mony, I will endeavor to do so. 

(Juc-^iiou. The duty imposed u]>on us by the le,o;islation of Congress is to ascertain 
the extent to whieli the laws are executed, and life, person, and pi'oi)erty are secure in 
the late insurrectionary States. 

Au.'^urr. The manner in which the laws have been executed? 

QiUf^tion. lioth have been and are being now executed. 

Ansinr. I entered upon the duties of my olfice on the loth of July, IbGH, I think, 
at the time the St^ite goviu'nment was organized there. No term of the court was 
held that lall on account of the political excitement there, and in one county on ac- 
count of my personal sickness, so that 1 was unable to attend. In the spriug'^of 1^-69 
the courts were held regularly without any obstacle or obstruction at all ; also in the 
fall of 18G9. In the spring of 1870, the first organized opposition to the law that mani- 
fested itself was the taking from his room at the hotel in Eutaw the solicitor of one of 
the counties coniposing my circuit, by a band of sixty men, as was reported, and the 
ehooting him in the hotel. 

Qiieslioji. In what county was that ? 

Answer. In Greene County. I charged the grand jury especially in reference to that 



102 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



act m<nn^ upon them the importance of investif^athig: the matter and punishing tho 
parties^ ami stating to them that they owed it to the citizens of that county to do .so. 
I appointed from oiftside of the circuit an able lawyer, Mr. F. P. Snedicor, who was in 
attendance upon* the f;rand jury all the time. Tho grand jury was in session two 
Aveeks, the time fixed by law. They reported that they were unable to fmd out any 
parties connected with tho murder, but from the evidence they had obtained they had 
traced tho baud as coming from Pickens County, an adjoining county; that they came 
from and returned in the same direction. 

Question. From yonr knowledge of the circumstances connected with that case, is it 
your opinion that his murder was in any way connected with the discharge of his 
official duties ? 

Ausim-. It was; at least it was so reported. The reason why he was killed, as stated, 
was this: There had been three negroes murdered some time before, and the solicitor 
stated that he thought ho was on tho track of tho murderers and intended to indict 
them, if he had to keep the grand jury in session tor six months. I think that was the 
charge made against him. 

Qucstioju Proceed with what you were going to say in reference to Pickens County. 

Aimrer. I went to the next county, and during the term of the court a party of some 
forty men, I think, in disguise, waited upon the solicitor there and told him that they 
understood he was anxious to see a party of these men, and they came there for the 
purpose of showing themselves to him, and they advised him not to be too anxious 
about seeing thein. I charged tho grand jury particularly in reference to this organ- 
ization, and also called their attention to the report of the grand jury of Greene County, 
which traced the party to Pickens County. I urged upon them tlic importance of 
investigating that matter, in order that they might clear the skirts of their county from 
having anything to do with the matter, That grand jury, after a session of nearly two 
weeks, reported that they were unable to iind any trace of any party of men from that 
county — Pickens County. I did not hold the last court in Greene Countj^, but exchanged 
with another judge; but, so far as I know, there has not been any investigation or any 
indictment against the murderers of that solicitor. 

Question. — That solicitor was named Mr. Boyd? 

Answer, Yes, sir. Several outrages were reported in Pickens County by men in dis- 
guise, such as whipping various iiarties, but from lack of testimony they were unable 
to ever iind out ov to indict the parties connected with them. That was in the spring 
of 1S60. There was no difficulty during the fall term of 1869. Indeed, there never had 
been any difficulty in the county in which I reside; everything bad been very quiet. 
I do not know that a felony had been committed there in the two years I iiresided in 
the county until the fall before tho last election there. Then there was an old man, 
Nathaniel Edwards, a negro man, who v/as murdered by some men — I do not know how 
many there were. The grand jury could not find and did not indict the murderers, 
although they, the grand jury, were particularly charged with reference to that case. 

Question. Was that murder committed by persons who were armed and disguised ? 

Ansu-er, They were armed, but I could not find out, nor did the grand jury find out, 
that they were disguised at all. In Sumter Count}', last fall, there were some reports 
that it would bo impossible for me to hold court there. Reports of that character came 
to me. I placed no reliance upon them, because they could not be traced to any relia- 
ble source. I went to Sumter County, and was told by one of the leading lawyers there 
that he did not know whether the court could be held ; that there was great political 
excitement there. But I went on and held the court there without any particular dif- 
ficulty, except certain manifestatious of resistance to the orders of the court by certain 
young men, and the frequent expression that there was no law there any way but the 
law of nature. 

Question. Y(/u speak of opposition to the orders of the court. In what manner was 
that opposition manifested? 

Answer. I saw several men the first day bringing into the court-room their pistols 
buckled around them, and I could hear their pistols strike the benches as they sat down. 
I called the sheriff and told him that, while the court recognized the constitutional right 
of every person to bear arms in self-defense, it did not recognize the necessity of any 
man defending himself with arms before a court of justice. I told him that persons must 
not bring their pistols into court; that he would so notify them; that the court was 
willing and thought it was able to protect every man who had business before it; and 
that if, after he had notified the persons, they still attempted to bring their pistols into 
court ho would arri"st them and bring them before the court. In the afternoon some par- 
ties brought their pistols into court. I furthermore told the sheriff that I would hold 
him personally responsible for the enforcement of tho order. I received a note from one 
of the lawyers stating that, if I would pass over that occurrence in tho afternoon, fhey 
would take measures to havi; the order carried out. There was considerable excitement 
manifested. Articles were published in the paper there inthuating that it was a trick 
of the court to bring about a confiict between the court and citizens there, and claim- 
ing that the citizens had a constitutional right to bring their pistols into the court' 



ALABAMA. 



103 



house. But the har hohl a meeting, altliough I did not kno\Y it at the time, and used 
tho'w iniUieuce to prevent it, and everything passed oti quietly there. 
(yncHliou. Was the order oi'the court oheyed after that i 

Aimivcr. Yes, sir, except in one case; and then, as soon as the party was made ac- 
quainted with the order he oheyed it. I forgot to state thnt in that county, in Sumter 
County, in the spring a house had been attacked. An old mini by tlu^ name of Chot- 
teau luid been iKjtilied to h^ave. An Irishman was at his house guarding it; I do not 
recollect the name of the Irishnnni. A party came there that night (lisguised, and 
bred into his house; this man bred back at th(;m and one of them was killed. At the 
spring term of the court one or two i)arties, I do not noAV recollect which, but on(^ party I 
know v.'as indicted for the crime of arson. I learned from th(^ solicitor at th(^ next term 
of the court that every one of the witnesses (^xceptthis man, Chotteau, wIk^ had left the 
county, had l)een killed in the county within six months alter the indictment was 
found. The sheriff resigned just before the ia'l tei'm of ISG'd, and there v.'as no court 
held there at that time.' lender the law the court has no authority to ai-point a coro- 
ner or a sherilf, the appointing power resting with the go^'ernor. There was no trou- 
ble at any time in executing the laws there until the spring of 1671. Iicports came to 
my ears, about a week before holding court in my own county, that it would be im- 
possible for ni(^ to hold court there; that a body of armed men from 31ississi])pi would 
c(nne there and break up the court; that they did not intend tiiat any one hohtiug ofiico 
under tii(,' reconstruction acts should conlinuo longer in ofiice. I went to the court- 
house alone, that is, on horseback, (I lived about 8 miles from the ct)nrt-liouse,) and 
t)])(M]ed court as usual. I had no difiiculty at all ; I charged the grand jury, and the court 
passed off very quietly the lirst week, and lulsiness was dispatched as satisiactorily as 
ever. Tliat was also the case on Monday of the s(H'ond week. On Tuesday of the second 
week there was some noisti outside and sonn* drunkenn(\ss. I dinn^ted the sherilf to send 
the bailiff out and to put a stop to that nois<^ or bring the])arties into court. He went 
out and (juieted the disturbance. It ])eing ni-arly four o'clock, the hourfor adjourning, I 
adjourned the court. I afterward heanl several pistols bred; and tlHM'(^ was a great deal 
of tlrunkenness in town. I'reviouslo this, that is, during the hrst week of the court, tho 
sherilf had informed me that he had infornnition it would be inqjossihle tt» hold court in 
that county; that Ik* cotdd not maintain order, and could not carry out tlie ordersof tho 
court, and thereforehe would resign. The ])rnl)ate judge, Judge Hill, and myself urged 
liiumot to resign, and told him if he resign.ed it would be inqjossible to get anotluM- sherilf 
appointed, and the court would have to give u}) that teim. Ib^ concluded not to resign. 
The probate judge of that county, Judge Hill, had i)reviousl\' received letters, which I 
have seen — I do not recollect their dates — purporting to have been v>'ritten by the Ku- 
Klux, (so signed,) ordering him to vacate his olhce, on tlu' grt)und that he was a re- 
])ublicaji. To those letters he paid no attention. He has a i)lantation some eight mikvs 
from the county seat. One day as he was ridiug along, a))o]it 'A o'(d(H-k in tlie after- 
noon, Vv'itliin a (putrter of a mile of Blount Stei ling, a nourishing liith' village, a nuin 
lying in the corner of the fence, tvrenty-live yards away, I should thinlv. hred at him 
as h(^ was going through a little ])iece of woods. The judge is a very large nmn, and 
was holding the reins in one haml, and the ball passed through his arm. lie was un- 
armed, and did not sto]) at ail, but drove on for about a (pun ter of a niile, to the house 
of a pliysician, where he had his arm dressed. The physician said ho had heard the 
rep(u-t ()f \lu) gun or rilie, whichever it was. Al)out a v/c(dc after that, I should think 
it was, he received still another notice, ordering him to vacate his ofiice, stating that 
he had be(m warned twic<\ that h(* had l)een tired at onc(\ and the n(>xt lime his lifo 
would be taken. lie did not n^sign then. The day the sheritf handed in his resigna- 
tion, on the Wednesday nuu'ning of the second week, the peojile there held a UK^eting. 
A part of them were in favor of calling uj^on all the officers — the r(>])ublican or radical 
ofticers — to resign. Another portion, whose counsels prevailed, were in favor of post- 
poning such a call until the wliole county c(mhl be heard from. The iiext convention 
was to meet on the first Saturday of ]SIay, I think, and the m(*eting adjourned until 
that time. liefore that time, howev(T, the sherilf resigned, aud stojjped the court ; and 
the probate judge resigned before the last meeting. This meeting cann* together and 
reatiirmed sonu^ "resolutions passed at a previous meeting, held in Sumter County, call- 
ing on the cin^uit judge and all the radical officers of the county to resign. 

QHcslion. Were those meetings called as party meetings, or were thv^y meetings of 
citizens without respect to party ? 

An^iwer, Th(,\v puri)orted to have been called by the peoi)h'. Tlie democratic ])arty 
held a meeting the same day for the purpose^ of ])utting out nominations ibr those 
oflices. The fii'st meeting in Sumter County was called for the purpos(^ of nominating 
a county superintend(mt — a party meeting called by previous notice — the meeting that 
passed the first resolutious in reference to the circuit judge. Those resoluti»)ns stated 
the reasons why th«^y called on the circuit judge to resign. The lirst resolution stated 
tliat they were in fav(n^ of lav/ and order and the enb)r('ement of the laws, and i)ro- 
tested against any violation of the same. The second resolution statc^l that they b(^- 
lieved that the Hon. Luther 11. Smith could not enforce the laws in that circuit, first, 



104 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



on account of Lis ^-cncral disqnalificatiou for the office; and, secondly, on account of 
his .'•oneral nni)(>i»iilaritv. The tliird resolution stated that it was necessary to have a 
ina^ of talent nrnmes«,'and decision in the ofiiec, and therefore they respcctlnlly re- 
(luested the circuit indge to resii^u. The meeting iu Choctavr reaffirmed those resolii- 
tious and, furtherinore, stated that tho indications at tho recent election were that a 
lar«ro maioritv of the voters in his circuit would uot have been m iavor of his heino- 
circuit ilid^e" r.iid on that j^round they asked him to resig'n. The reasons stated lor 
askiu'r the probate lud-e to resij;n, in this last meeting, were that he was incompetent, 
and that the people looked u])on him as well as the circuit clerk vnth contempt ; and 
on that account they asked them to resign. The probate judge resigned; indeed, all 
the republican officers in that county have resigned. In Pickens County the probate 
iud<»-e and the circuit clerk last summer received notices ordering them to vacate their 
offices. They immediately shut up their offices, but a meeting of some citizens was 
calked tliere, and they took ground on the side of tlie officers and told them to go ahead. 
When I held the court in Greene County last tall, there were troops sent there; that 
was after the alfray known as the Entaw liot. There was no disturbance at all during 
tho holding of the court there. "When I arrived in Pickens County, I found the circuit 
clerk in the barracks, or rather with tho troops. He had gone to tho command for 
safety. 

By Mr. VAX Trump: 
Quesihn. Troops v.^rc stationed in Pickens County also ? 

Answer, Yes, sir ; during the election. 1 did not see the cleric before I held court ; 
and 1 inquired of the sheriff if tho deputy clerk was there, and he said he vras. I sent 
for him and asked him if he was still deputy clerk, and he said ho was. I said, " 
will open court." I then o])(>ned the court. Tho .clerk afterwards came in. He told 
me that ho had been afraid to stay in his house ; that he had been warned that his life 
would be taken if he did not give up the office; and that ho really thought of going 
away with the troops who were about to remove. The troops moved away on the 
third day of tho first week of tho session of the court. The court was in session two 
weeks. "^I persuaded the clerk to remain and take charge of the duties of his office. I 
said that I thought the sheriff would be able to protect him ; that I thought there; 
would be no trouble about it. The charge against him was that during tho election 
he had distributed republican tickets, and thereby had made himself obnoxious in that 
county. There was another case in that county v.'hicli was brought to my attention. 
A mail by tho name of Latham, I think, a minister, was taken out and whip];)ed. 

By tho Ckaikmax : 
Qui'sfion. Was he white or colored ? 

Answer, He Vv'as a white man. He was taken out and whipped, and his money taken 
from him at tho same time. The charge against him was, that in his locality tli(5 ne- 
groes hadxcceived reimblican tickets, aud'he was. suspected of having furnished them, 
althougli he did not vote, and was iu Columbus at the time of the election. I do nc^t 
know that there is any other instance in that county that I can relate now. 

Qiiesiion. Does that embrace all the counties in your circuit ? 

Answer. Yes, sir. I did not hold tho court in Sumter County after tho breaking up of 
the court in Choctaw County, by reason of tho resignation of the sheriff. I called in 
the juries and grand jury and told them that the sheriiF having resigned, and theco^u t 
having no i)ower to appoint an executive officer, it would be iiniiossible to continue 
the court longer ; that while their duties as jurors would cease, yet their duties as citi- 
zens would not. I told them of tho iiniiortauce of obeying the laws, of tho evil effects 
of anarchy, and then dismissed them. I then got on my horse and immediately rode 
homo to my plantation, about eight miles from Butler, tho county seat of Choctaw. 
As I was riding home, when I was about a mile from Butler, I met eight negroes from 
my place with their double-barreled guns on their shoulders. They were coming down 
with a man by the name of Seymour, I think, who had been beaten the day before at 
Blount Sterling. I asked them what they were doing, and they said they were going 
to take him before the grand jury. I told them they were doing wrong ; that they 
ought not to go along tho x^nblic higlnvays with their guns in that way ; that the man, 
if lio had been assaulted, could have gone before tho grand jury and made his report ; 
but that they Avere doing wrong in their excitement to act in that way. I directed 
them to go back home. One of tlio number, the leader, who was formerly the foreman 
on tho place, stated to mo that they had no intention of going into town with their 
guns, but as tho man had been badly beaten the day before, they were coining down 
merely to i)rotect him until he could get near tho town to go before tho grand jury. 
The day before, this boy, who was a witness in a case, had taken somo whisky, I 
learned. It was customary for me to send for my mail as ho went to Mount Sterlin*'. 
While there a young man, a white man, who was somewhat intoxicated, beat him, and, 
as the boy stated, said to him that ho was anxious to find the mai^ who had beep car- 
rying Judge Smith's mail. The boy got away from him, and going off a little distance 



ALABAMA. 



105 



1190(1 ponio prnf:^no ]aii,f!:nn,a:o ngaiii'^t pnrtiVp? who lived in ^Jcv.mt Sfr;]l?in:. ITpon tliat, 
soiiK' yoiKi;; nu':i, SLliool-boys. I tliir.k, (liicn* is a school thi're.) set u\)<v\ liiin juul bent 
hiui vci v : ;'V 'V<'ly ; cut him badly, iic cahw.^ up to the ijlaiitat i(ai arai i\']M>r)od to tlio 
lV(^<'diii<'ii t tliat hi' bad b;Mai beaten ]>eean.se lie vranted to y: 't r..y laail. Tlia.t ^vas 
liis fstoiy, aiMl (mk^ rea.son tb.at exaspera.te{l tbe iVetvbiieii soi'iewiiat. Ai't^T tb(^ vouvt I 
^.a^^ iimveli. ibreateaed ^vith piieainoirla, aad ]>liysiealiy unable to to »'^nnuer eoniity, 
r. ijere tluMiext court was to l)e lield. And 1 was tobl by jjarties ibat 1 conld iK>r go 
to SiViatei- CoTjty ; tliat ii'l atteiir.)ti»d to go there 1 would be assasoinaied on the way. 
Being siek I did not atteiiij)t to go theie. 
(Ji!r<i:n)i. Vvdien was that / 

Jnxicrr. T]i:;t was tliis last S]"H'ii^g. Tleir on a Wisli.esday, with niy brother, lor ]Mo])ile. 
I liave b-'eii engaged in plantiiigtliere ever since eonnneneing in i ^h>. 1 liadlmilta 

steam nnll lor the ])nrpos;' <ii' grinding, and lor ginning cotton, not only ibr tU('])iantation 
bnt for the neighbors. On 'r!nirs<lay nighr alter I lot't, a. p;;rly of nr. e;r ie in there, 
set fH\' to tliv* miil. to the brid.ge. :ind to about two niiles of kaice ineio-lng my crops. 
'J'lia' was while I was a.way. 1 went to .Mobile, to ^lontgoniery, and to 'J^aliadega, and 
then v>(.'nt baelc to ^.labile on Monday, wjr're I icariied wliat had takeji plae(> on my 
juantation. Tiie court in Marengo Comity cam(M)n the next ]Nb)na]ay. 1 met a man in 
^iobile named Oreer, I think, an old citizen of Demojjolis, who told me that bethought 
1 ongb! not to go to .Mai'eiigo Comity and Invld conrt there ; that whih^ there might not 
be ai'.y disi nvbance by 1 h" jieoiil,' in ^.ia'\'n",o. lie v/as sati>tled that tlici'e av(Mi!(1 be a 
baiid e'.' men v ho \,-onl;i conu' in thereto Irica.!: nn th«' court : and it ^v<)!l]d rdl M-t vejy 
severely n]ion llie i)eivj>le of ^la.rengo Coanty. 1 told him that und< r tlu^ law th<' only 
ex<'nse I had tor iK-t liohling conrt v.'as ihe sielviiess of myself, or of my tamily, or th<? 
existence, of jin er/idomie: that no-aing- oftn.it soil then exi-^ted: tliat 1 had ever 
lieen tT"ated Ivin by in jdai'engo Co:mry, an<^ eoa^'d \t'd tli • mend). as of ihe bar t''.ere 
n:y jjcrsnnai frieiids, a;n.d tliat I\\-(>nld i-'i rneai in t'l ' po.^iJion < f not being ab!- 
to hiwc the civil cor.ris held niitil i went t'i'er-'. 11" n-g-'d (!ia»- if I did go, in.ste;i;l of 
getting olf at Ihe licare.st ]>oint, to go to l)emo));)i!s and la', Avoaid ta.k ' liis horse aral 
go wbh nie to the. connty seat. Linden, some twenty mih's. 1 v;ent to ] )em(>j>{)Iis, bnt 
when 1 got tin re this man was siek. and his s!)n v/entdown with me. I ludd the coiirt ; 
had no dithcuity at all: everything i)as,><,Ml oil as jdeas.antly as ever, an<l tlyre "was 
nothing to mar the ])lcasnre of the e(nrit or to in.errnjd ihe di>j>,;te]i of bnsiiiess. 
After ilnd T vent to Clay Connty. exclia .». ;i!i';' v irh Jud*;-e Peliiam, of th.' nintli Jndi- 
eial <*ii-(a]ii. an<l he went to (.rcen.e Cnniity. 1 lir.-i v/ent to Ivandolnh (Canity r the 
Jiandolph conrt v/as only one week; evi'ryining ]>a.^sed ofi" i)h-asantly, and there was 
no difli{ ulty in enforcing t he laws t hen'. As i l.-arned t I;ere, tliere liad [nevionsly I wcn 
a raid, by wliat is kn<^wn asth<» J^Ci-Kbix organi/.ai ion. n])on some le-gro.-s who had h !t 
one part ol' (he connty and be: ]i enndoyed in anovli a- iMtrtion l;n.o\v;i a,-; C.irn Ho;: ' 
(yreek, 1 tbi'.i; : thai b er 1 ha' i-a:.i niei . a nam by t'; - nane- < d' b"W'-." -e. fro'ii a'a ■ i- r 
e(>n!i'y, wiio hi.'. ])eea, bron^ht U]) t!i"re, as tiny. -aid, to re ■ the l.ibor — r 

he had tome {^.er • a 'vnal <;i naen had e',>iiie in an:l ' 'an otf a IVe •(! ;■ in li-^'ti a ida:,*a- 
Tioii own, 1 by ;: ] »"y. ftlilnh: I do not r^ ■ne"!ib a' li - name. ^• ';.n a . t tins mao 
lar-.". r; nee wa.a s:r; in y; in tin' ]n)u.>i' ol' a. mini.->ita' i)y i be name of Tnl,- •, an. I h > was ^ li- ' 
at, the joaid iia.; si.; ;- just over his forehe id. There" laal not, at tJnit tim a b -en any i'wi - 
tlaa- demeaistrations in tlnit connty. I cliarg-ed tic grand jnry in re*" r(a!(a' to th(;'e 
mattc^rs, arid said to tlieai esix-ciadly, that if rhey knew «)f any \ iolaJi ais of the la v 
ami failed t«> disclan'ge their dnty, if tlie evi l-'nee vras snliiei(M;t to s:u;>iy i!i:'m wb.o 
were p'/rsons who liad i^erpeii-ated the ()}iens(\ tli'. n tliey tlaans-.-lves onld be lia- 
ble, in tile o]>inion < f the conrt. to indictm'ait under the (aitbreenaar bill of (.'oiigress. 
The grand jnry Avorked faithfully, mnl. 1 think, they found indictments against ('er- 
tain otfendi'rs in that connty. I was told by ]n-ominent citiz-ais there that so far a^s 
these outrages were concerned the people did not need any protection, either from the 
State or from the United States. 

(Jin-Hihr,i. Tliat was in IJandolph County ? 

^lusim\ Yes. sir. They said they had told these parties tlnit if they commenced their 
work ag;iin they wonhl consid(U- ir an act of wa.r: that they would take measures, and 
they did take measmv^. to form C()mpani«vs (d the best citizens there t^* detVanl them- 
selves. Tliat is in the county which furnished the most soldiers for the First Alal)ama 
liCgiment, I think, in the Federal service. In Clay County, which was the next county, 
there was no diiliculty in holding the court. I was tohl that there had been, and I 
think the records so show, sonic eight murders in that county, of white men, Avithin 
the last twtdve or fourteen months. Some of the parties charged with the olfenses 
were under indictment, and some had escnj^ed. I know of no diftlculty in enforcing 
the laws in that county. The paper published in my county, in speaking of the burn- 
ing of my mill, said that from the best information they had it was insured for double 
the amount of its value. The fact is, that it was not insured for a dollar. Statements 
were made in that paper, in one issue that I saw, that republicans, that radicals could 
not hold office there; that the peox)le would not tolerate them. When I was appointed 
registrar of my county, and chairman of the board of registration, before I took the 



106 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 

positiou of circuit jndgo, I went to one of my ncij^libors, wbo had been a member of 
the Bcees&ion convention, and who was a physician and a very talented man, and stated 
to liim that I did not want to take the position of reo-istrar ; that I came there to raise 
cotton and not to take any official position. He told me that he thought I liad better 
take it; that I had been there planting and knew the negro better than strangers 
would know liim, and that if I did not take it some stranger v/ould come in and take 
it. I did so, and then it was necessary to appoint some colored man on the board ; 
tliat was the law, or rather the order of General Pope. I went to the probate judge 
of the county, Judge Bailey, told liim what the order was, and asked him to recom- 
mend some good colored man to me. He reconnnended Daniel Wilson, who, he said, 
was as good a negro as tjaere was in the county. He stated further, as a recommenda- 
tion of the negro, that he had for some twenty years been a member of the same 
church with hnu. In going over the county and registering, I alwaj^s told the people 
the object of. the registration, and I always urged upon the freedmen to become good 
citizens, and to be faithfal to their contracts. I also told them, both in public and in 
private, that they could never expect to get homes for themselves until they had 
worked and earned money to pay for them. We had no difficulty in registering the 
counties, going over both counties. After the registration I sent this man Wilson, under 
orders from the superintendent, with the notice for the (dectiou. He went up to a little 
town called Pelhaui, about nine miles from where I live. There were some parties 
there, white men, who persuaded him to drink with them, as he afterwards said ; I 
know not the truth of it. Ho thinks they drugged the liquor, for when lie had got 
about a mile from there two men accosted him, a white man and a colored man, and 
one of them tired at him and wounded him, the bullet just passing through his coat. 
He fell and then they attempted to cut his throat, and he Avas saved only by a very 
heavy beard that he had. I sent for him and took him on my place. I kept Mm there 
at work. There was intense bitterness of feeling against the constitution in the elec- 
tion for the adoption or rejection of the constitution. I held the election in Choctaw 
County. There was a sergeant with seven soldiers there. I then thought, and I still 
think,'that there would have been an attempt to break up the election there if there 
had not been an arrival of a recnforeemeut of United States troops, consisting of a 
lieutenant and some seventeen men. There was some drunkenness there, although ib 
was contrary to orders, and one old man attempted to go into the office with his knife 
drawn, stating that if there was to be a difficulty he wanted to have a fair tight. 
That bitterness, however, w^ore away very much. During the first two j^ears I held 
court there, there was no bitterness' manifested there, none at all so far as I was per- 
sonally concerned. 

Question. In your judgment and belief, oat of what has grown this bitterness and op- 
position to the exercise of the official duties of the persons in those counties ? What 
is your belief on that subject f 

Jtfsivcr. I think the bitterness has grown- out of the fact that Ave were republicans, 
and in favor of the reconstruction acts of Congress. 

Qucsiion, Upon what do you base that belief f 

AnsH'cr. I base it upon the fact that in conversation with those men, prominent men , 
of my own county, in speaking of those reconstruction acts — when the constitution 
was formed there was an oath in which it was required that every man should swear 
that he would accept the political and civil equality of all men ; and thathewcmld 
not injure or attempt to injure any person in his atdiatioii with any political party — 
one man, whom I now have in my mind particularly, asked me if I thought any white ^ 
man could take such an oath ? I remarked to him that I not only thought so, but be- ' 
lieved that in less than one year they Avould do so; and in less than one year every one * 
did take that oath. I had heard men, when speaking of certain persons against whom ^ 
there was great bitterness manifested, say that they had no objection to them except 
on account of their political principles. And I have noticed furthermore that this hos- 
tility has not been confined to men of bad character ; but it has been against men no 
matter what their character — generally the better the character the more bitter the 
hostility. 

Question. You have spoken of some resolutions passed in Choctaw County requesting * 
you to resign, and giving the reasons for that request. 
Jnswer. First in Sumter County. 

Question. Will you state whether the democratic members of the bar there had given 
you any ])rivato expression of their belief in your qualifications for the discharge of 
your duties. 

Jmwcv. A former judge of the court, Judge Cobbs, who w^as appointed by Governor 
Parsons under the ])rovisioual government, and afterwards elected, in the fall of IrfivS, 
atter 1 hml qnalilied, published, in tlie Eutaw Whig, a notice, which 1 have in this (tity, 
stating that he no longer considered the order, No. 100, (I think that was the order,) 
binding iipcui him, and that ho should go on to hold court there as usual. 

Question. What was the order you refer to ? 

Aimvcr. An order installing officers. 



ALABAMA. 



107 



By Mr. Van Trump: 
Qifcstion. A uiilitaiy order ? 
Ansiver. Yes. sir. 

By the Ciiaikmax : 

Quc.^tion. Issued by tlie military enniiuniider, after tl»e ndo])tioii of the eoustitution ? 

^l}i>iircr. Yi^s, sir; it ay.is iiud'/r that onU'rtlie ^^tati^ ^■overnmeiit went into operatioii. 
Tlie (Section ooenrred in ]Mareli, and it vras not until .Inly that the Stale government 
Avent into o]>eration. When I held the court there in the s]uini;" J had a eouv<u'satioii 
Avith tlie judjj,(^ ; he was very fi-iendly with me ; indeed <'very mend)er of ihc har was. 
I stated to the jud<;e, jocularly, that the I'eason why I did uot hohl th«^ eoui'ts the fall 
before was, tliat I saw the ut)ti<'e in the ]ia])ers that he was ,i^oini;' to hold them, and I 
did not think it UvH/essaiy to liav<' two Jnd;j;es to hold the same eoni'i. Ih^ tlu-n re- 
mjiikfd that in case the d<>uioeratie ticket had bee»i eleetcnl Ik^ i)i()])osed t<» try the eon- 
.stitntionality of those acts, and it was with that view la^ hatl <.>,iven Udtiee thai ho 
would hold the courts. 1 ou^ht to state that last fall, when I went \ o (Jreeu<' (.'ounty, 
I had a note handed m<% si<;-ned by thii-e members of the bar, ('hancell(?i- ('lark, ^Ir. 
]\lor_ii'an, 1 tlii]dc, and Mr. C'olenmu, statin:;- tlmt they wished to uuM-t me in C'lnmeellor 
Clark's otlice. I went thci'(^ immediately and met them. Tliey said they had had a. 
nieetiuLj; befoi'(\ in tlie mornini;', and had come to the conclusion that it v.e.s not best 
to have the court held that fall. I asked them why, and they sai<l that a v,iiite man's 
house, Hem. Ch'oss, I think th(> uanu^ was, had receidly been tired into, and th<M*e was 
<;'reat excitement. One gentleman st:ited that he doubted wlu'ther parties au<l wit- 
nesses would leaA'c theii* bonu^-i. I stated to them fraulvly that tla^ law «;;jv<' me only 
three excus(\s for not holding court : one was, sickness of myself; anotlier, th<' sickm'ss 
of my family, and Uie third, an epiflemic, ami tliat neither of those eauscvs cxistiMl. I 
furtli(M'ni<u'(^ statiMl to them tlnit I would hold the couit from 10 o'clocl; in tlu' ukh'u- 
ing till t> o'clock i»i tiu' afternoon : and that then if i):u i ies woukl go home an<l stay 
there I thought there w(udd be no dist ni'banc<> ; that if tlicre was viol<Mice and ci-inu"- 
in the comity, that ANas only an aihlitional r<\-ison why the court sliould l>e held, and 
giand juri''s should })e organized; l)ut that it' they, repn'seiit ing the nceml)ers of the 
bar, would ]>ut th(ui' mimcss t(^ a ]>ai>'M' stat ing that the coiulition of (irccne ('ouuty 
v.as su<'li that the court could uot be IxOd tliere, so that I couhl tbrward it to the gov- 
erm)r of the Srate, or to the Trcsident id" the Tnited States, 1 would then act upon it. 
The chancellor said, "We will do lu) su(di thing.'' He then agreed wiih me that the 
court had lietter be lield. We went on and h<4d the court, and ther<^ was no dilticuity 
at all. and no mnnifcstation of an outl)reak. 

(JtKsfion. AA^as there anything in the charactiU* of the cases to bi^ tried nt tlu^ au- 
]U'oaching term of tluit court calculated to give rise to any such t'eeiing in tiu^ commu- 
nity 

Aic^iViV. There vras only this occurrence that had happened before, in inference to the 
sp<'aking at a ])<diti«*al iiKH'ting at Ihttaw ; that had oc<Mirred ])efore tlie c»)urt. 

(^'in>i(i(ut, Thnt had happened before this intervi(^w you are uow s[)eaking of with 
Chancellor Clai'k and otlu'rs ? 

Jiisinr. Yes, sir. 

(JiiisliDif. 1 um spenking generally of your district. Was tluM-e anything in tlu^ cases 
that were expected to be tried, or that were tried in your courts, calculated to call forth 
such trelings 

JnhU'cr, 1 do not think there was; I do not know that there was. 

fjucstiou. IIav<^ you known of instauc<>s in youi* district in v>'hich there have been 
convictions of jx-rsons charg(Ml with the olfense of whipping or sliooHng persons, when 
tliey were disguised f 

JnH(vc)'. No convictions that I know of : I do not kuow of a single eas(\ 

Qursiion. Have there been any trials ? 

J)i>iii-c)\ Xo trials, and I think no indictnnuits in my courts. This indictment, to 
which I have already referred, in the case of arson in Sumter County; there has been 
uo trial in that cas(^ yet in that county. 

Qucsilon. Were there any trials in either Clay or Randolph County when you v^er(^ 
holding cotn t tliero as the judge of that circuit ? 

J)(!^tc(V. Thei-(^ was one trial there, wluue two j^arties pleaded guilty; but i!i thnt 
case it ajijieared that tiiey were not disguised. It was a case of lynching, v. here om^. 
man i)ersua(h>d four other young men to go with him and whi]> a negro wonutu, for the 
purpose of driving her out'of the county. It was stated that she had had a Avhite child, 
and had stated that the uncle of this young nuiu was the father of tlie child. Tlujt 
ai)penr<Hl in the testimony. The young nuin who plead guilty stated that iifter he Avas 
made nearly drunk tbis young man told him he would give him s5 if he would whip 
that negro woman, and he did so. 

Qiit:>itio)(. In either of your circuits were there jury trials for crimes ordinarily occur- 
ing in a community f 

A)ib'ive)\ There were. 



108 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Question. Was tliow auy dimciilty in administcriiij? justice in tliose cases ? 

J«s?rn-. No diliicnlty at all. , ^. •, , . . 

Qiustion. Was there auy aifliculty in identifymrr, apprelieuiling, and bringing to .ins 
tiee in vonr di.strict i)ersons charged with such oilenses? 

Answer. 1 do not think there was where there was no pohtical bearing. 

(htestion. So far as yon liavc been informed^ what number of offenses have ocenrred 
throno-hont your circuit, of the character to which I liavc referred ; offenses committed 
by meii armed and in disguise, who rode at night ? Have you had occasion to look into 

that matter ? , ^ , ^ . . ^ , , , 

Answer. I have not had occasion to do so; I coukl not state Irom my personal knowl- 
edge. 

By Mr. Van Troip : 

Question. Do you mean that no crime committed in that region, growing out of polit- 
ical matters, committed by bands of men, has been i)rosecuted and punished i 
Answer. I do not mean that. 
Qnesiion. Well, committed by men in disguise? 
Answer. I do not mean that. 

By the Chairman : 

Question. In the administration of justice, then, is there practically any obstacle in 
any cases other than those of offenses committed by armed bands of disguised men ? 
Answer. I think not. 

Question. Have they been, or can they be, brought to justice ? 

Answer. They have not been ; Idoubt very much whether they can be now. Althougli 
I can say that in the county of Pickens, when I last held court, there had been a very 
marked miprovement in the sentiment of the comnnmity in reference to the enforce- 
ment of law and order. 

Question. To what do you attribute that improvement ? 

Answer. To the fact that men in disguise have gone outside of the political scoi^e of 
offenses, have gone to parties who had affiliated with themselves in politics, and have 
endeavored, for mercenary motives, to drive them out of the country. One case that I 
have in my mind i)articular)y is that of a man by the name of Moore, in Pickens 
County. He had advanced money largely, and taken mortgages ; he received a no- 
tice ordering him to leave the couuty within five daj's; he consulted a lawyer, and 
]niblished a card stating that he would not leave, and that they could find him. lie 
told me himself that for some time after that ho had twelve men with shot-guns 
guarding him. Another case that occurred in ^Marengo County was the case of a man 
from Ohio, who was engaged in teaching a school upon a plantation owned by a prom- 
inent citizen there — ilr. Glover. ;Mr. Glover was opposed to the republican party, and 
always had been; he was one of the trustees of the county, and had hired this man to 
teach there, and had him to assist him in keeping his books. Not hmg since a party . 
of ten men came and took him out, stripped him, beat him, and ordered Iiim to leave. 
Mr. Glover published a card in the paper denouncing the thing, and told the young • 
man to stay with him, and he would protect him. 

Question, li'd'i the legislation of Congress in reference to this class of offenses had any 
effect on public sentiment, or ])ublic action in reference to them? 

Answer. I think it has had a very fovorablo effect. In conversation with certain 
gentlemen in the different counties they have stated to me that while there was a , 
great deal of clamor against it outside, yet really very large numbers of people were . 
in favor of it, for the reason that if the State government could not reach such char- 
acters, then they wanted the United States Government to do it. In regard to this 
convention, I omitted to state 

By Mr. Van Trump : 
Qnesiion. Which convention ? 

Answer. The convention in Sumter County, which passed some resolutions to which 
the chairman referred a few minutes since. Those resolutions were sprung upon tlu) ^ 
meeting without 'ciny previous notice. One of the members of the convention pub- 
lished a note stating that the meeting was not called for that purpose, and that he was 
opposed to it. At the time I Avent to Mobile a rumor was started that I had resigned 
and had gone to Washington ; a former judge immediately had a petition signed for 
his appointment, and sent it to three of the most i)i'omiuent men in his own county, 
one of whom. Judge Reavis, had been formerly judge of the court, and is the author 
of a digest; those men refused to sign it; and there were members of the bar, in the 
other counties, who stated that no amount of partisan feeling would permit them, or 
would force them, to consent to the change. 

By the Chairman : 

Question. Do you believe that, upon the whole, there is an improvement in the ttis- 



ALABAJIA. 



109 



position of tlif^ people to suLmit to the lfiw,l)otli State and national, and toa^^sistin \t>i 
pi'ojxT admiiiislration / 
.liisinr, 1 lliink there is. 

^^'i'j.siiov. You tliink there is a hetter &tate of feeling novr than there Avas some months 
ago / 

Answer. Yrs, sir. 

1) y ^Ir. Pool : 
Qi'v-^lrhH. J)o you njean in all the c'onnties? 
Aiunrr. In the eonnties in -svlileh I have been. 

liy Ihe CiiAiiniAX : 

Oiicstiou. In the eonutitvs of your ciicnit ^ 

Anyirrr. in the coniitirv of niy eireuit. 1 ennnot speak pariienlarlv of ( Jreem^ County, 
for 1 haV4^ not been there h'Jely. In my eouiity Ihore ;ire (li\'isious among ihv ])nrti -s 
Avlio liiivr !)'/('U u>ing- Ili!-se illegal menus of getting olheeis or.t of otiiei\ whieh te!:d to 
diseoiieeit them, lor instaiiee. j'.t this iiU'ctnig in ^vhieh th<'y resolved 1 iial: all t tie 
rv']uiblie;in (t^;i'•el•'^ slii)uM re:-igi:, <)m^ of tlieir iiumii.'r g'ot up :i pel i; ion to obiain the 
ai)|)oiiitiii; i!i oi" ])i'ob:ite Judge. Tl'ere were s.'venil otii -r ea:!did. (es, and th.-y v/eic 
incv used it 'cau-^e did not submit his ehiims to tlu' eonvent ion : and t.)-d:iy they 
jnopitsf t ) have a eonvenlion to i)ass resolutions that lu- sh;:]! resign. On the <hiy the 
eoni't !id.jonrn( (l for the rejison tJiat Ihe sherilf resigned, it v.as ^tat<<l in v'hoetaw 
county t iiai if the radical oilie<>rs di<l not resign by llie iirst day of 2\iay they ^vould Ifc 
nmrdered. 

]|v :\lr. Tool: 

QiKslion. Last Ymy ? 
yl/<.S('C(r. Yes, sir. 

By the CiiAiKMAX : 

Qucsiioii. Is that improvement in ]>ublic sentinnnit to whieh yon have Referred sueli 
that a man may now express and advocate Ins political s(.'ntiments tln*ough that dis- 
trict without inctirriug p(>rsonal danger / 

Ajisiccr. I do not think lu^ can do it now. 

QfKxiitni. ] >o yon riiean ])y that that no man of cither party can do so ? 
Aii'.sinr. "NO; J do not mean tlie.t no man of cither ])arty can do s{). I mean thai a 
rei)ubliean cannot <lo it Vv ith safety a.t the i)rcsent Time. 
^^/||l,sti^nl, 1 am sjjcaking of ttHM^)resent tim(\ 

Aity-i'-a: And y<'t I v»ould not ^.ay that a majority of the people woidd l)e in favor of 
any of Ux . c vioh'Ut riK^asures. 1 ih) not tidnk they are. 

QuisdoiL Do Hicy assist in re})ressing them, either by tlaMbrce of tli'Av i!iilucnee, or 
in comi>c11i!ig l(\gal measnres against tliem 

Auhncvr. 'riiey have mjt taken any active part thus far, exce])t in the one county I 
have mentioned. I only judge of the ctieet of their intluencc by the resnlts, basing my 
infereiK'c upon the supi)osition that the grand juries retlect tlie jjubiie sentimi'ut. 

Qne^ilan. Dotss this condition of political feeding to which you have rid'crred inter- 
fere with tile civil rights of par(ies in the adnninstration of justice, for instance, in 
cases arising n[)on contracts, or wlier(> there is a contested title to land, or anything of 
that st)rt t 

.intiiccr. I do not think it does. 

r.y :\Ir. Tool : 

Question. ?^u])posc a colored man is a party in such a case ? 
.liiyiccr. I think tliat would make a ditrerenc(^ 

By the CiiAimiAX : 
Question. AVhat would be the dift'enmee ? 

Au><urr. 'J'he difference would be in favor of the v/hitc man. The same degree of 
evidence would not secure a verdict for a colored man that would ibr a v.diite mati : 
nor v.-ould it take the same amount to convict a colored man that it would to convict 
a v»-hite man. 

By ^Ir. Van TtiUMr: 

Quc'<iion. Do yon nn^an the same degree of Avhite testimony or of colored testimony ? 
Answer. White testimonj'. 

By the CiiAimiAX : 

Qnc-stioii. lias there hccn, or is there now, any attempt at violence to interfere witli 
tile due administration of justice in cases other tlian those to which you have referred, 
re(iuirii;g the otticeis themselves to resign ? 

Ansi'.er. I do not think there is. 



110 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Qu€stio7i. Has there been anything done bearing upon individual cases to prevent the 
trial of particular cases ? 

Jtiftivn: There Avas one case in Pickens County, where a man came to have a con- 
testrd iudgnient set aside which had been rendered at the last term \)f the court for 
his faiiing'^to be there. He stated that the reason he had not been there was because 
an armed baud of disguised men came to him and told him that if he came there his 
lilb would be in danger. 

Question. Was that because of anything connected with the case, or from its rela« 
lion to other events ? 

JuMWtr. I tliink it was from something connected witb the case. 

Question. IIoAv fur is your residence from the town of Meridian, in Mississippi? 

Ausu'cr. About thirty-eight miles. 

By ]SIr. Pool : 

Question. You said there was something connected with the case to which you have 
just referred which afiected the presence of the party. What was it ? 

Anstver. I thinlc this party was a defendant in the case. A man had been prosecutor 
and had secured an indictment against that party and another. From the statement 
made to me at the last court, I judged this party did not want that defendant to conic 
there; and I judged so also, not only from his own testimony, but from the fact that 
the prosecutor was not there himself, and the case was dismissed as to this party, and the 
prosecutor was taxed wildi the costs. I do not know that in that case there was any 
political significance, of my own knowledge. 

By the Ciiaikmax : 

Question. Recurring now to the question I put to you, as to the distance yon live 
from the town of Jtleridian : have any of the- parties who took part in the proceedings 
there, from your county, or from any of the counties in your district, been identified 
as persons who went over into Mississippi and participated in the riot at Meridian f 

Answer. 1 do not know that any parties in my county have been identified, nor do I 
know, of my own knowledge, that any have been identified from any of tlie other 
counties in my circuit. 

Question, Did a man by the name of Renfro take part in any of the proceedings 
there ? 

Answer. I was approached by this man, Renfro, during the last fall term of the court 
in Sumter County. I was iipproached by him and another party. I learned before I 
went there that I would be approached by somebody, I did not know the name then, 
and required to make an explanation of certain statements that had been made to me. 
The i^revious summer t^e circuit clerk had been forced to resign in that county ; at 
least he sent me his letter of resignation, in wliich he stated that it was necessary for 
him to resign in order to save his life. His name was Price. I was a delegate to the 
State convention. When I went there I had a conversation with Colonel Herndon ; 
I do not recollect the particulars of the conversation, but it was in reference to the re- 
publican meeting held in Livingston and the manner in w^hicli it had been |)re- 
vented. He made a statement that some person had placed a pistol at Bob Reed's 
breast — Reed was a prominent negro and connected with the convention — and had 
driven him out of the town. 

Question. I only wished to get at the fact whether this man Renfro had taken part in 
any of the violent xn'oceedings at Meridian,. 

Answer. I have been informed that he was connected with the proceedings at Merid- 
ian ; but I do not Imow that. 

Question. What is his first name ? 

Answer. I cannot tell ; I might remember it if it was suggested to me, but I cannot 
call it to mind now. 

By Mr. Van Trvmv : 

Question. In order to get at a correct and full statement of the condition of affairs in 
these different portions of the South, what, in your opinion, would be the best means, 
both as regards the getting of information and'^tho cheapest mode of doing it— to go 
down to those places, or to sit here, as a committee, and examine witnesses summoned 
from the South ? 

Answer. So far as the expense is concerned, I do not know that I could answer. 
Question. Well, so far as getting at the truth is concerned ? 

Answer. I think you would bo quite as likely to get at the truth to have the witnesses 
couiohere; I judge so from the fact that in certain localities witnesses who know 
would be afraid to testify. 

Question. Wliy would they be more afraid to testify there than here? 

Answer. I do not know^, unless because the danger there would be more immediare. 
I know that in tho investigations there there were witnesses who had previously made 
certain statements, and when they came before the grand juries they did not make the 



ALAIiAJIA 



111 



sr. me staloirjcnts : and tlicy afterward stated tliat the reason was tliat they were afraid 
to <lo sf). I do not know, thon.irli, that that wonld be tlie ease now. 

(Jucfnion. You think, then, the only diilerenee would be that whatever dan<;er there 
miiiht be would he more immediate there. If tlie faet ^Yas known to tln^ witne*-ses 
that whatever testimony they gave here would be x>ublished, would it make any tlif- 
ferene ' ! 

J.ny.i''()\ I think at that time it would : if the testimony vs\as to be published imme- 
diately, perhaps it wonld not make mueh dilieivnce. 



^VASIII^'GTox, D. C, June I'J, 1^71. 

LEWIS E. PAK^OXS recalled and examined, 
liy th«^ CilAiiLMAN : 

OiusCion. Ju(l<^(^ Luther 11. Smith, in his testiuiony, made the statement that some 
pnblic meetings heid In his district had ado])ted resolutions re([nestiug hiui to resiucn, 
;xiviug as one of the reasous for nuiking tliat request that he was iuc(uupetent. Will 
you state Vv-heth'T you are :ic(pnnnted with Jndi!;e Smith, and with the reputation he 
bears in the profession and in the eonnnunity wliere he r(^sides ? 

AnsH'o: 1 never saw Judge Sniitli on tlie l)ench until our courts just passed ; lie held 
a court in Clay County, in our State. That is a county in which 1 i)ractico regularly. 
I saw hiui during the (Uitin^ week, and had an opportunity to ()))serve closely his bear- 
ing as a Judge, and themanuer in which he transacted the business of the- (H)urt ; and 
1 had a pretty fair oi)i)ortnnity, from the character of the cases before hiiu, to judge 
soiuethingof his knowIedg(^ as a lawyer and as a judge, and 1 stat(% with no small d-.-- 
grce of conhdence, that he is a very able man as a judge, and, 1 think, imi)ress< d every 
one at tho bar with thatt;u;t, and with his impartiality and ])romptu(^ss in his decision^, 
a • well as with his gen(U'al accuracy. Of course, the counsel that loses takesexcei)tions, 
but the general sentiment was that he was a fair and impartiaJ Ju(lg(', as well as an 
able one. 

(jHisfion. Do you know what his repjitation is in the ])rofcssion in the district where 
he resides? 

J»s7rrr. I do not know i)ersonally, because I do not practice in that part of th;* 
State, but I jjave heard it said that it was V(^ry good. I have seiMi the proecM'dings of 
]uiblic me»^tings re(]uesting him to resign, because of his incoui[)et<'ncy and geueravl 
'nn]iopularity. 

l'>y Mr. Van Tijump : 

(JiH -tiou. 1 }() you know wh<'ther Judge Smith. Avhile on the l)ench, has mingled inetty 
largely in-the x)olitical aifairs of tlu^ State there 

^lii'^H't r. Not of my i»ersoual knowledge. I nnderstoo<l, in fact I heard him admit, 
that he jiresidc I as chairman of the State republican convention, at Sehna, in l^TO. 

(Jucxtion. While he was on tli-^ bench 

Jiisia r. While he held the uliice of circuit judge. 



Wasiiixgtox, D. C, June 13, 167L 

Rev. A. S. LAKIX sworn and examined. 
By the CiiATiniAX : 

Qac^tkn). In what part of Alabama do you reside, and how long have you resided 
there ? 

Auiiircr. I reside in IIuntsvill<\ in the northern part of Alabama; I have resided 
thei'c live y(\irs and about eight mouths. 
Question. What is your i)rofessi()n ■ 
Ansurr. 1 am a minister of the-gt'spel. 
(^>ue8fwn, Of what denomination ? 
Anfiwer. Of the Methodist Episcopal ehurch. 

(JneHtion. Will you now [)ro( eed to give us your knowledge and observation of the 
organization au<l operations of what is known as th(^ Ku-Klnx Klan in Alabama during 
your residence there ? Give ils as succinct a statement as you can of such occurrences 
as have fallen nnder your own observation. 

Answer. In the fall t>f Ir^GT I was api)uinted to the Montgomery district. 

Question. xVs a preacher or as ]>residing elder / 

A}tbieer. As presiding elder. We were then a missionary conference ; but our re^Dorts 



112 CONDITIOX OF AFFAIRS IN THE SOUTHERN STATES. 



were obstructed, our drafts were abstracted, and our preachers were in suffering eir- 
cumstances. I was ordered by Bishop Clark to go out on a roving connnissiou, with 
the names and amounts duo each ])residiug ehler and each preacher in each of the 
presiding ehler districts. The drafts were forwarded to me and I cashed them, and, in 
my saddTe, I traveled six liuudred and fifty miles, through the mountains and valleys, 
permeating almost every portitm of Northern Alabama. In my travels I put up with 
Fonie of tlie leading men of the State, and learned from them this fact: that they never 
would submit ; that they never would yield; they had lost their property, their repu- 
tation ; and, last and worst of all their faiti'eriugs, their slaves were made their equals, 
or were likely to be, and perhaps their superiors, to rule over them. In extended con- 
versations with them I inquired how wo would help ourselves. They said there was 
an organization already very extensive, and that would spread over the fSoutheru 
States, that would rid theni of this terrible calamity. I stated that we would be 
arrested and punislnnl ; that the Government would visit upon us probably heavioi^ 
judgments tinin any we had expc^rieneed. They said they could rule that and control 
'it. I asked hovr, and tlu^y replied, Why, suppose a man drops out here" — meaning 
that tliey would kill him— while that is being investigated, auotlier v»-ill drop out 
liere and' there and ^vender, until the cases are so frequent and numerous tliat we v»ill 
overwhelm the courts, and nothing can withstand the omnipotence of popular senti- 
ment and public opinion." I gathered these f:icts from various sources ; they seemed 
to be patent. On my arrival at Huntsville, after this long and tedious tour, I learned 
of the organization of the Ku-Klux Klan. It answered precisely the description, and 
seemed to answer precisely the design expressed by these leading men. In the autumn 
or in the suunner of the year 1868 1 was elected iiresident of the State University. 
Early in the month of September myself and Dr. N. B. Cloud, State Buperintendenfc of 
public instruction in Alabama, went to Tuscaloosa td take charge of the State Uni- 
versity, which had been in a condition of controversy and very much disconcerted. 
On the following day I saw notices — Ku-Klux notices, several of them — warning cer- 
tain men living in the town to leave the country. As we passed along the streets we 
Iieard unearthly sounds. 

By Mr. Van Trump: 
Question. In the day-time ? • 

Answer. Yes, sir ; in the day-time; men screaming, and groaning, and grunting, evi- 
dently ilitended as llings and insults to the doctor and myself. Professor Wyman, the 
acting ])resident, refused to sniTender the keys of the university. Everything indicated 
to mo that it was not safe to remain in the town. I ordered my horse and drove rapidl;^ 
eight miles toward Hnntsville, and reached my quarters after night, the same place 
where 1 had stopped three nights J)efore. My horse was placed in a new position and 
my buggy moved out of sight. While seated on the veranda, about 9 o'clock, I heard 
tlie footsteps of numerous horses ; my host said to me Sit still f and they swept past, 
probably twenty-live hor$emen, the men disguised, and a rope around the neck of one 
of the horses. 

By the Chairman : 
Quesiion. Did the men carry arms ? 

JDs^i'cr. Yes, sir; they seemed to have pistols belted around them. In the morning 
the gentleman directed mo by a by-road around this point of danger ; they supposed I 
would stop at a public house four miles further on. 

By Mr. Van Tr^mp: 

Quesiion. Who do you mean by " they?" You say "they supposed" you would stop 
at a public house. 

Answer. The band that was pursuing, and I was sent around. In the moniing this 
gentleman and another man told me that they saw and heard enough in the town to 
know that 1 was to bo Ku-Kluxed that night, to be hung. And in 'the morning there 
were three colored men in the back veranda, with pistols and guns, for my protection. 
A day or two after there was an issue of the Tuscaloosa Monitor that will illustrate the 
facts to which I refer. I hold in my hand a copy of the Cincinnati Commercial, of Sep- 
tember 19, l>-:o8, in which is copied the article from the Tuscaloosa Monitor, which I 
sent to them. It contains a fac simile of the cut, which was published broadcast with 
the reading matter of the issue. 

By the Chairman: 

Qimiion. You say that cut and that article appeared in the Tuscaloosa paper? 
Avswer. Yes, sir; two days after I left that city. 

QueM'wY}. Do you desire to have that incorporates! into your testimony ? 

Answer Yes,*sir ; I do. The person represented in the cut, hanging fVom the limb of 
a tree, with a carpet-bag in his hand, on which is the word Ohio," is intended to rep- 
resent myself. A mule, with the letters K. K. K." on its side, is walking away fiom 



ALABAMA. 



113 



under mo. Tlie tiill man represented as liaiif;inf]j tliere with me is intended for Dr. 
Cloud, And there is space ou tlie limb for all Obioans after tbe 4tli of Mareb. 

By Mr. A^vx TiiUMP : 
Question, How do you know that is intended for you ? 
Anaivcr, Tbe reading so represents, 

[Tbe following are tbe extracts referred to by tbe witness : 



[From the Inilepondoiit Monitor, Tuscaloosa, Alabama, Septomher 1, 18(58.] 
A PEOSFECTIYE SOGNE IX THE CITY OF OAKS, 4Tn OF MARCH, 18G9. 




" Hnn.ir. enr.s, l)ai»,!x! ***** T/?r?r complexion i.^ prrfcrt jciillowR. Stand fa.xt, jrord 
fate, to ^/leir lianuinic ! ***** 11 they be not born to be lian{;e(], our case ia miserable." 

Tbe above cut rei^resents tbe fate in store for tb<»se great ])ests of Sontbern society — 
tbe ear])et-l);igg('r and scalawag — if found in Dixie's land after tbe break of diiy on tbe 
4tli of Marcli next. 

Tbe fjnnis' e:ir])et-ba!j:i2:er is a man witb a lank liead of dry bair, a lank stomacb, and 
bv.ig ](.os. club kiices, and s]»lay i'cct. dried legs, and bmk jaws, witb eyes like a (isli and 
iMOiitb iik<^ a sbark. Add to tliif a babit of sneaking and dodging aixtnt in nidaiown 
l)bM'('s,babiting witb negroes in (lai k dens and back streets, a l(»ok like a botind, and tbe 
sni(01 of a polecat. 

"\V(»rds are wanting t<> do fnll Jnstice to tbe g* }n(>< sc:ib*nvag. He is a cm- v. itb a con- 
tracted bead, downwar<I look, slinldngand nn<>asy gait: sb eps in- tbe woods, like old 
Crossland, at tbe bare i(b a of a Kn-Kbtx raid. 

Our scalawag is tbe local leper of tbe conimnnity. FnJike tb(> ear])et-bagger, be is 
native, wbi(di is s(» nnicb tbe worse. Once be was respceti-d in bis circbN bis bead was 
lev<d, and be wonbl bK)k bis neigbbor in tbe face. Now. possessed of tbe itcb of oftice 
and tbe salt rbenm of radicalism, be is a mangy dog, slinking tbrongli tbe alleys, bunt- 
ing t]]e governor's ofiice. dctiling witb tobacco Juice tlie ste])s of tlie capitid, stretebing 
bis lazy carcass in tbe sun on tbe sqnare oi- tlie bcncbcs of tlu' mayor's couit. 

He waitetb ibr tbe tronbliiig of tbe political waters, to tbe end tbat b«' njay step in 
and be Iiealcd of tbe itcb by tbe ointment of oftice. F(»r oftice li<' " ]>nms/' as a toper 
•bams*" for tlie satisfying dram. F(»r(»f(ice, yet in ])rospective, iKHiatb bartered i-espeet- 
ability; batb abandoned l)usiness and ceasiMl to labor witb bis bands, bnt enijiloys bis 
feet kickln.g ont boot-beels against ]ami)-2)0st and corner-curb wbile discussing tbe 
question of ofiice. 

It requires no seer to foretell tlnMiu^vitable events tbat are to result from tbe coming 
fall election tbrougbont tbe S(mtbern States. 

Tlie un])r<M'edente<l reaction is moving onward witb tbe swiftness of a velocipede, 
witb tbe violenc(^ of a tornad(», and witb tbe crasb of an avalancbe, swe: ping uegroism. 
from tbc! face of tbe eartb. 

Woe, woe, woe to the inbabitants of Alabama wbo bave recently become squatter- 
8 



114 CONDITION OF AFFAIRS IX THE SOUTHIiRN STATES. 



Boverei^-ns, carpet-bags in hand, and they filled with dirty electioneering documents! 
And twenty times woe to those so-called southrons who have turned tlicir nan'ow 
heads, infnntessimal hearts, and filthy hands against the land of tlieir nativity! 

Hereafter, when future generations shall contemplate the fate that these white- 
skinned wretches had in store for us they will wonder at the extraordinary degree of 
forbearance manifested by us of the present dark day. 

But the happy day of reckoning with these white-cuticle scoundrels approacheth 
rapidly. Each and every one who has so unblushingly essayed to lower the Caucasian 
to a degree even beneath the African race will be regarded as hosiis sni genei'iSj and be 
dealt with accordingly if found hereabout when the time is^'ipe for action. 

The carpet-bagger already begins to snuff the coming ill-windj and is sneaking out of 
tlie country, a /rt Harrington, of Mobile. But wo hope some boreal stragglers may be 
left far from their " hums," to swing alongside of their meridional coadjutors in infamy. 

Wo candidly believe that the picture, given to our readers nt siq)ra, correctly repre- 
sents the attitude and altitude of all foreign and domestic foes of ouf laud who shall 
have the folly to remain down South " after the ides of March. The contract for hang- 
ing will be given to the negro, who, having mounted the carpet-bagger and scalawag 
on the mule that he diduH draAv at the election^, will tie them to a limb, and, leading 
the said mule from under them, over the forty acres of ground that ho also didn't get, 
will leave the vagabonds high in mid-air, a feast for anthropophagous vermin. 

j>. g. — It will bo seen that there is room left on the limb for the suspension of any 
bad Grant negro who may be found at the propitious moment. 

[From the Independent Monitor, Tuscaloosa, Alabama, September 1, 1868.] 

Scalawag Cloud, of Montgomery, and Carpet-bagger Lakin, of Nowhere, arrived here 
Thursday. Cloud, the radical jocky, comes as trainer of Lakin, the negro-loving jack- 
ass. The one is a long, slim creature of the natrix kind ; the other is a stout, pursy 
reptile of the genus hairacMa. Both would make first-rate hemp-stretchers. For fur- 
ther information, they may regard the wood-cut elsewhere. Next week we will give a 
more elaborate description of the varmints. We would not take a good deal for this 
fresh game. 

Later. — On Friday afternoon Lakin incontinently departed, by way of the Hunts- 
ville road. On Saturday morning Cloud also ''made tracks," in direction of Mont- 
gomery. It seems that these fellows had come here to take formal possession of the 
university iiremises. Professor Wyman, however, who is tlie real president of the insti- 
tution, so far objected to their proposed impudent procedure as to positively refuse to 
give up the keys. The two pretenders then opened their peepers as big as saucers, in 
wonder, and were sorely perplexed. We think Professor Wyman did exactly right in 
pursuing this bold course ; for he has thus saved the university from the everlasting 
stigma of having once been polluted by the obnoxious presence of a nigger-worshiping 
faculty, and of black and white spotted alumni.] 

By the CnAiRM.iNi 

Question. W^hat was the ground for refusing to surrender the university to yon ? 

Answer. Professor Wyman was elected by the board of regents president of the uni- 
versity ; he refused to accept the position on the ground that it was a radical, negro- 
loving concern, and he would have nothing to do with*t. I was elected to take charge 
of the university and put it upon its feet again, and upon that Professor Wyman re- 
fused to give up the keys. 

Question. How was he in possession ? By virtue of that i^revious election ? . 

Answer. No, sir ; by virtue of the former faculty. The president had left, and ho 
came into possession nominally, and then usurped the keys, and held on to the prop? 
erty and refused to surrender it. 

Question. Was this university a State institution, under control of State regents ? 

Answer, A State institution exclusively, and under the auspices of regents elected by 
the State. 

Question. Had ho been a professor previous to his election to'the presidency by the 
board of State regents ? ; 

Answer. Yes, sir, and acting president. They elected him president, and he peremp- 
torily refused to accept, and then he refused to surrender the keys. ' 

Question. Go on now with your narration of facts after you left tho house at which 
you stopped that night.* 

Answer. About two weeks before the presidential election a band of Ku-Klux, nine- 
ty-five in number, passed ray house, blowing their whistles : they made no hostile 
demonstration. 

Question. Was that in Huntsville? 

Answer. Tliat was in Huntsville; I had reached home then. On the Saturday night 
precedmg tho presidential election there wars a republican mass meeting in the court- 
house at Huntsville; distinguished speakers, our Senator and Congressman, wero 
present. . & 7 



ALABAMA. 



115 



By Mr. Van Tiiu^rp : 
Qiusithn. What Soiiator ? 

Ansim'. Senator Spencer. At abont 10 o'clock about one bnndretVand llfty disgnisea 
men rode into tliv public square, from the southeast corner, and made a circle around 
\he square. They were followed by uumerons persons on foot, undisgnised. The 
disguised men had each a double-barreled gun or a carbine, lashed to his saddle, 
and each had two navy revolvers, carrying one in tlie right hand, as they passed 
around tlie square. The four gates were [ncketed by very strong forces of undisguised 
men. There is a tall iron fence there, with sharp pickets on the top. As the column 
})assed around to the point of entrance, tiring commenced at the north gate. 1 should 
judge, from where I stood, that there were i>robablj^ from seventy-live to one hundred 
or one hundred and twenty-live ])istols discharged. The Kn-Klux, by order of the 
Cyclops, wheeled into line of battle with the adroitness of veteran cavalry, and stood 
so for a few niinjites, until the man who commenced the tiring, Avho was undisgnistnl 
and on foot, was wounded in the lu^atl, when he ordered the liring stopped ; and in a 
few minutes after the Ku-Khix wheeled into line or into colunni and rode oil'. It was re- 
l)orted that theri^ were one Innuh-ed and lifty in reserve at the railroad foundery, and 
one hundred and iii'ty at the rinho(di bridge. Tlie foundery is about a (piarter and a 
half a (pnirter of a mile from the sipiare, and Pinhook bridge {ibt)nt Inilf a mile, prob- 
ably a trille over. Judge Silas TliurU)W, judge of ])rol)ate of tlie adj»)ining county of 
IJnu^stone, was wounded in the bowtds, and died thre(^ d;>ys after. A colored man was 
killed instantly, and two others very sev«nvly w(»unded in the m(h'v. The military 
were ordered out for the i)roteetiou of the i)eo,)le. Four Ku-lvhixes, or persons, were 
arrested with their disguises in their saddh'-))ags, and with all their arms. (Teneral 
Kuger disariiK'd them, and lianihMl them over to the civil authoriti<'s, taking chargi^ of 
their disguises and arms. The civil authorities htt them loose; they were rearmed by 
persons unknown to me, and went to tlie livery stables and forced the men th<'re to 
give up their horses, and then they disa[)peared. 

By the Ciiaiumax : 
Question. Was Judge Thuilow in attendance at that meeting ? 
Ans(ccr. Yes, sir. 

By !Mr. Stkvknsox : 
QkchIIoh. Was a i)ublie nie(^ting being held in the park at the time ? 
JitHicer. In the conrt-honse. 

(^>i(i.stio}i. Is tht^ court-liouse adjoining the sipiare ? 

Answer. The e(uirt-hous(^ is in the center of a sipiare ; it occupies a whole block, 
with streets and rows {»f Inuises all around it. 

Oiieafiott. Did the Ku-Klux iii e upon the i)eople there in the court-house ? 

^tnHiccr. The Ku-Klux did not lire at all : the i)ersons undisgnised on the streets 
did the liring, and the Ku-Klux were there as a reserve or a defense. It wa*> rumored 
through the streets and all (»ver the city, and it seemed to be tli(> general oi)inion, that 
they intended a general massacre. AU the leading men went to the military head- 
quarters for protection, and remained there while they were in town. As one instance 
1 will state that after the wounding of Judge Thurlow — he was a member of my 
church and a very near and dear friend — he sent a messenger to my door requesting 
me to go and see liiiii. I hastened to the street. My next-door neighbor and a ueigh- 
b"or across th(» street, and a young lawyer, were standing on the sidewalk. ^ly neigh- 
bor said, *' Mr. Lakin, where are yon going ?" I r(q)lied, " 1 am going to see Judge 
Thurlow.'' Said he, '"Don't you do any such thing; go l)ack into the liouse ; you 
v. ill be murderiHl if you go on the streets.'' He was seconded by another, and by a third 
party, and I returned and remained in my room. 

By the Chairman : 
Question. Did you yourself take any public part in politics there ? 
Answer. Xot a word ; never opened my head on politics ; and I had never been in the 
meeting at all, for I was uotilied that there would be trouble. 

By Mr. Van Tuvmv : 

Question. Then all this description you have given of the firing there has been from 
hearsay ? 

Answer. No, sir ; I walked up to the square. I lived within about a block of the 
square, and when 1 heard the cry of Ku-Klux/' I walked up on tho square and saw 
the whole thing. 

By Mr. Stevenson : 
Question. Could you sec against whom the firing was directed ? 

Ansiver. No, sir ; from my stand-point I couhl not see. I have a document here that 
will describe mhiutely the parties who were present. 



IIG CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



By the Ciiairmax : 
Question. What docnment is that ? . . , , 

JnswiT. It is an investigation by the State senate of the outrages in Ahabama. 

By Mr. Van Trcmp : 

Oucstiou. Bv the senate separately, or by a joint committee of the two houses ? 

Jusuci\ By a joint committee of the two houses, I think. The evidence I referred 
to is that ol* Senator Siblc}^, and also of the lieutenant governor of the State, Mr. 
Applegate, who is now deceased. That is a full description of it by persons who were 
ri;;ht by and saw the firing and the man who commenced the firing. I only give what 
I "saw. On Sunday I determined that I would go and see my friench Judge Thurlow, 
wlio liad sent a second messenger for me, and it was reported that lie was dying. On 
my return home three meu were standing on the corner, fiieing me, and as I passed 
them one of them exclaimed, calling my name, " God damn him, he ought to have had 
his old radical heart shot out of him last night." Th(\y were quite jocular over the 
exi)re.ssion and seemed to enjoy it. I passed on. On the 10th of the same month I 
had been seated by a front window during the evening, writing all the evening. It 
was a large bay-window, the only one in that part of the house. At 7 o'clock wo were 
called to supper; I left my lamp sitting in the same position, and my wife drew^ the 
curtains, which were very thin; the shutters were a little def(^ctive, so that the light 
could be seen from the street. After supper^ at about 8 o'clock, after snapping three 
caps, a gun, loaded to excess, exploded, and sixteen buck-shot passed through the shut- 
ters, the window, and the curtains, and struck on the wall i mmediately over the heads 
of myself and my family, between the ceiling and our heads. After a few minutes 
lull tiie colored people came in from the quarters and said there were two men in the 
rear witli guns at present arms. There were two passages out, the house standing on 
thv corner. The men jumped over the fence and ran olf in the direction of the parties 
that did the firing. Within thirty minutes it was announced in the northwest part of 
the city that old Parson Lakiu was killed," and the report went quite extensively 
over the country that I had been shot. 
By the CiiAimiAX : 

Question, Were those men disguised whom the negroes saw ? 

Jvsiver. The i)arties who were inside of the yard were not. 

Question, They were not disguised ? 

Ansmr. No. sir; the colored people stated that they were not. 

Question. Was that the direction you would have gone to hav^e escax)ed from the 
house, and away from the direction the firing came from ? 

Answer. Yes, sir; that was the ofily way of escape, except in the direction of the 
firing. About the I4th of the same month I was notified by a personal friend of mine 
that my life was in danger, and that I must leave the town ; that he had been notified 
by moderate friends of the opposite party that I would be assassinated, and as they 
did not waut the thing to occur, tin*}' had come to him to notify me to leave the jdaee. 
He was one of the most reliable men in the State, and one of my best friends. 

Question. Perhaps yon had better give us his name ? 

Answer. Hon. Joseph C. Bradley. I fled to the mountains and was a refugee for two 
months. ^My family kept me posted al)out the state of affairs. The second niglit aft(5r 
I h'ft, about 1*2 o'clock at night, there was a company formed on each side of my house, 
supposed by the family and others to consist of about fifty disguised men ; they drew 
up in line on each side of the hcmse. After they saw the lights passing the windows 
and some stir in tlic^ house, showing that they were discovered, they ordered a retreat 
and left. While in Winston County, during my refugeeing, I held a quarterly meeting 
at the cross-roads. On Sunday, at the close of the service, two men, known to be 
among the worst bushwhackers of the country in the time of the war, and then said 
to be among the leaders of the Ku-Klux, and desperate men, each with two navy 
revolvers lashed around him, infpiired if Paison Lakin was about the yard. 

Question. Can you give their names ? 

Answer. No, sir ; 1 cannot give their names now. 

Question. Do yon know them ? 

Answer. No, sir; I do not. 
By Mr. Van Tuump : 

Question. Then how do you know they were the most noted bushwhackers ? 

Answa: I said tliat was the reiiort in th(5 neighborhood ; they knew them there. 

Question. People about there knew them ? 

Ansu-er. Yes, sir. 

Question. Yon never ascertained their names notAvithstanding that fact? 

Answer. I ascertained their names then; I did make a minute of them at the time, 
but 1 do not reinemb(*r them now. 

Question. You considered it important enough to make a minute of them? * 

Avs^Ccr. I did; but since then my house has lieen burned, and many of ra>%most 
valuable books and papers have been lost, and it has not been convenient for me since 
then to see u re their names. 



ALABAMA. 



117 



By the Chairman : 
Quesiiou. Go ou witli yonr statement. 

Anmrr. They iuqnired who that man was gettiiig into the hn«]fgy; they -were in- 
formed l)y persons standing aronnd tliat it was Parson Lakin. Xhey incinired if I was 
going to hold a meeting in the afternoon or evening anywhere in the phiee, and tliey 
were told no. They inquired where I was going to s})end the night, and were told 
that 1 would stop at ^Mr. ^laybury's. The men took a sliort ent down the road otf the 
mountain. Before dark a speeial messenger eame to me and informed me that those 
men srated they would get me as I left the jdaee. Mr. Maybury and liis three sons 
were in the Union army ; they wc^re each arnied with rilles and pistols, and their lionso 
was well provided for defense. The imjjression was that I wa.s the ohjeet of their 
search. In fact that was stated to otiiers, though I did not hear it ; bnt tln^ indications 
were very threatening. In the autumn of li^TO 1 was stopping at one of my friends* 
for a day or two, to get a little repairing done to my buggy. 

(Jiutftion. AYhere was that f 

Am^Hcr. In Bh)unt County, thirty-two miles south t)f lluntsvill<\ About 11 o'clock 
a man called upon my host, wi.shing him to go to the gate, and he declined. 

By Mr. Pool: 
Que-sfioH. Do you mean 11 o'clock at night ? 

Answer. Eleven o'clock at night. There was a stir from the cabinet shop ou the 
opjjosite corner. Three wagons had hauled u]) there to s[iend tlie nigiit ; it h)oked 
like it would be a rainy night, and my host had admitted tht-ni into the cabinet 
shop. They made a stir, and the i)ersons went out into the road. They reported 
about twenty-live disguised men in tlie road near the house, who consulted some 
little tinu'. wlu'ther tlu*y should make an attack or not. Jiut. I supjiose, fearing 
these men stopping there, supposing they woidd lie friendly to th«'ir host, they rode 
i>tt'. 'J'here had never been any Ku-Klux there betbre, and there has nevt r been 
any ther(> since that I know of. That was on the ►Sand Mountain. In the 
fall, in tiie uionthof September, I traveled from l)e Kalb County to (inntersville. in 
Marslndl County; left my horse on tin' b;iid<, and went on hoard of the boat to take 
])assage down the river in tlie morning. Al)out 9 o'clock tlH^re were t v.o volleys oi* 
l»istols fired within about two hundreci yards ot" the boat. The cajitain and myself 
were siting on the deck cliatting, In a I'ew minutes, the deck hands, tlie mail boy and 
his son came running to tlie boat out of Ineath, greatly alarmed, and said they luid 
been attacked by the Ku-Klux. In the nu^rning I found my horse sheaied, and w(»rd 
left with two or thiee \)arties th("re that ohl Parson Lakin ought to be A'cry thankiul 
that he had lost nothing but his horse's mane and tail, for it' he had not l»een ujjon 
Cajitain S]>iller*s boat he would h;iV(^ had hisd.-imncd old radical neck brt)ken. 'J'he Ibl- 
lowing day, as Captain Spillerfelt very mucli chagrined and that the reputation <d'his 
boat was impaired or miglit sutVer, he iiiv<\stigate(l the mattrr and re])orted to me, and 
two gentlemen who were present, that forty disguised men had crossed the Inidge a 
little above Cuntersville and come down in the dir<'ctiou of the boat, about 11 o'clock. 
I did not see them. 1 knew nothing of it till morning, only that 1 was minus a liors(rs 
tatl and mane, and the word left f<u- m<\ and the i-e])ort given me by Ca[)taiii Spil!<'r of 
the forty Ku-Klux, or disguised men, who crossed the bridge in the (lirection of tlie 
l)oat. 

By the Ciiaiijman : 
QiusfioH, How was that word left for you ? 

An^iU'cr. With some feriy-men, who were on the hank of the river. They were ^\]^ at 
a late hour, ferrying across the river; it is <|uite an extensive ferry. Al)out the middle 
of October 1 held a camp meeting in Blount County, about three miles southwest of 
Summit. 

(Jucsfion. Last October? 

Ansu'O'. Yes, sir; last October. On Saturday night three men searched the congre- 
gation while they were singing, and while the seekers were coming forward. The 
congregation were in a great state of excitement. Those men searched the congrega- 
tion for me, and impiired of my host wlu^re I was. They had their bowie-knive s in 
their hands, and said they would cut oat my damneil old radical heart — would cut my 
damned old radical throat. 

By Mr. Van Trump: 
QHCstiou. Were you in the desk of the church at that time ? 

AuHwer. No, sir ; I had been iireaching, and being very warm and very much worn 
out with my iirevious labors, after calling the. seekers forward and the singing had 
commenced I stepped out and went to my quarters. 

Qaa^tioiK You mean by " quarters'' the house of the person with whom you were 
stopping ? 

Answer. Yes, sir ; a private bouse, about a hundred yards distant. Ou Monday even- 



118 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



iiig I was notified hy n personal friend of mine that an attack would l3o made upon mo 
that night. I called a council of my preachers, aud selected one of the preachers to 
conduct the services, aud I staid in my private quarters. About midway of the 
sermon thirty-five or forty men, armed 'vvith guns and pistols, simultaneously sur- 
rounded the arbor antfstood sentinel around the arbor while three men, with revolvers 
in hand, searched the congregation for me and inquired where I was. calling ray name ; 
and then they searched the ladies' side of the congregation. Alter diligent search, 
linding that I was not there, they fired some three or four heavy guns, a volley of 
pistols, blew their whistles, gave a most terrible yell, and went off, requesting that old 
Parson Lakiii would preach for ,them to-morrow night, for they wanted him to pray 
for them. 

By the Chairman : 
Question. Were those men in disguise ? 

Ayisicer, No, sir ; with this exception, they were all dressed in white pantaloons. 
By Mr. Van Trump : 

Question. It was in the summer season, and you were holding a meeting out of doors? 
Answer. It was about the middle of October. 
Question. It was warm weather in that country? 
Answer. It was comfortable there. 

Question. You spoke of an arbor ; I should infer from that that the meeting was held 
out of doors, and not in any building. 

Answer, It was a building all open underneath, and would probably seat six hundred 
persons. It was built up very strongly, had a barn roof, and was a very comfortable 
place for a meeting. 

Question. You say these men were not disguised. Were there any persons there who 
knew any of them ? 

Answer. Yes, sir ; they knew them well, a great many of them. They were all dressed 
in white pantaloons, aud it was reported (I did not see them) that there was quite a 
large reserve, some fifteen, twenty, or twenty-five outside of the encampment. There 
may have been an exciting cause for a i^art of thfl. 

Question. You mean on that day ? 

AJiswer. On that night. 

By the Chairman : 
Question. What was it ? 

Answer. It is rather a delicate matter ; but I might give it as a palliation, if it would 
bear that construction. 

Question. Give us all the facts that bear on this. 
Aiiswer. Well 

By Mr. Van Tru.aip : 
Question. Do you have any hesitation in giving any explanatory fact ? 
Answer. Not at all, though it is a little delicate. 

By the Chairman : 

Question. If it will throw any light on this investigation, go on and give it. 
Answer. A lady, whose father, mother, brothers, and sisters were attending on the 
ground, the father a local preacher, and all of them members of our church 

By Mr. Van Trump: * 
Question. AVhite persons ? ^ 
Answei'. Yes, sir ; they were all white; there were no colored persons on the ground 
at all ; were not during the meeting, that I now remember of. This lady, on Sunday 
morning, gave birth to a' child that was a perfect representation and fac-simile of a dis- 
guised Ku-Klux. 

Question. In a tent on the ground ? 

Answer. No, sir; at her home, about a mile and a half from the ground. The head o< 
the child was about three times the size of an ordinary child's head, with a soft, spongy, 
fungous growth over the skull. ' i 

Questio7i. \to you describing now from your own observation ? 

Answer. \ e.s, sir ; I examined the child very carefully and very minutely. The fore- 
Jiead was llat and square, and about perpendicular, about three times tho'height of the 
torthead ot an ordinary child. In a straight line from the crown of the head to the 
irontot the torehead, commencing at each cheek bone, there was a sort of fringe, 
flaring very little to near the top, aud then full around the top. It was about an iilch 
wide and about luilf an inch thick at the base ; a gristly fringe, of a dark purple color. 
At two points near the temples were two gristly horns of the same consistency, about an 
inch and a half or an inch aud three-quarters long, projecting out from the forehead. 

Question. Fleshy horns ? i j o 



ALABAMA. 



119 



Ansircr. Gristly. The eyes and nioutli wore about one-thhxl smaller tlian those of an 
ordinary child. The face was nearly Hat, with but little nose. The eyes and mouth 
w<n'e of a scarlet red. The chin sloped olf on a plane with its body. Around the neck' 
^vas a scarlet red band ; and from the point of each shoulder, extending down each side 
to about the center of the abdomen, was all a scarlet red. The child was brought ou 
the camp ground and exhibited to from a thousand to fifteen hundred persons. 

(Jiusiion. By the mother ? 

Anfiinr. No, sir; by the friends of the family. It was demanded by the people ; they 
seemed to clamor for it to be seen. 

By the CiiAiiniAN : 
Question. Was it living? 

Jn-^in')\ No ; dead. ' 

l)y ^Ir. Van Thump : 
Qn(nilo)i. Dead then '? 

^Iu8iri')'. Yes, sir. The mother was a member of our chnrcli, a very d<'iicate, ])ions 
lady, of very strong sensihilities. Her husband was an outsi)oken mnu, and the Kn- 
Khix had visited them. 'Hiey had forced her hus])and into the Ku-Klnx raidvs, and 
they had stop])ed thereat an improper time. And she fearing for the safety of her 
father, the cliihl was marked in that way. They seemed to be i^erfectly wild and exas- 
l)eratcd at the exhibition. 

By the Ciiaiumax : 
Qnci^fion. Who / 

J)isH'cr. I snj^iiose the i)ersons who had made the demonstration on Saturday night, 
and who also made it on ^hmday night. 

(JiKHtion. Was it after this exhibition of the child that tlie occurrences which you 
have desci-ibed took jjlaee in thi^ cauip meeting ? 

^lusurr. The i hild was born on Suiuhiy morning, and exhibited on Sunday on tlie 
ground. An<l it was on ^b)nday night that they made an attack on m(\ Since tli<Mi — 
1 learned tliis IVom coinpet(Mit authority on hotli sides — since then they have whi}>])cd 
the man, 3lr. llorton, the husband, within an inch of his lif<^ twice; once for exhibiting 
tJie chihl, and once for abandoning the Ivu-Klux Klan. 

By ^.Ir. ^'AX Tkump : 

Qnrs(io}L Do you say you consider that state of facts a palliation ? I understood 
yon to say that yt)n had a statement of facts to relate, although of a delicat(^ nature, 
tliat was palliative of this attack. 

^Ithswvr. It may be considered so. 

(Juvsfioit. Do you consider it so / Yon said so. 

JUfSiccr. No, sir ; 1 cannot say it is. They regarded it as a palliation ; 1 do not my- 
self regard it as a palliation, but they did. 

QHc-siion. You stated that it was a i)alliation. You seemed to fe(d yourself boun<l — ■ 
I should judge from the ex])ressi(m you made use of, and your manner — to state facts 
on tlie othov side as a palliation for this attack, this searching for you '? 

Jusivcr. They otleied it as a ))alliation. 

Qmxfioii. That is the form you ])nt it in now, is it ? 

Anmrer. I meant to put it in that form ; they urged it as a palliation, that they had 
been outraged and insulted. 

By Mr. Stevenson : 

Quesdoii. It tends to meet the charge, if made, that they visited your camp meeting 
from mere i)olitical motives f 
Afim-iT. Yes, sir. 

By the Chairman : 

Qucsilou, Does this description you have giveii of the appearance of that child cor- 
respond to the disguise or uniform ordinarily worn by the Ku-Klux ^liere as you 
saw them ? 

JntiU'er. Yes, sir; perfectly. 

By :Sh: Van Tiu\mp : 

Question. Has there ever been any report in the medical books of that extraordinary 
case ? 

.Inswer. No, sir. 

Question. No physicians were there, and heard of it, and saw it ? 
Sluswer. Yes, sir; one i)hysician there heard of it and examined it. 

By the Chairman : 
Question. Who was he ? 



120 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Amiccr. I will toll you his name in a few moments; I know liim very well, but I 
. cannot recollect his name just at this moment. I wrote a description of it, and it was 
published in the Methodist Advocate at Atlanta. 

15y Mr. Van Tuump : 
Quc^ihn, How long was the body of the child kept from the time of its birth ? 
Avsirer. It was buried the same day. 
QiusHon, The day of its birth ? 

Aimi-cr, Yes, sir; it was born about 2 o'clock in the morning, and buried that 
night. ' 

By the CiiAimiAX : 

Question. At whose instance was it brought on the camp ground, where you saw it? 

Answer, It was brought from the place of their residence, and where it was born, a 
distance of a mile and a half or two miles to the camp ground. It w^as in a coffin on 
the camp gronnd, and everybody had an opportunity of seeing it. 

Question, You have stated in general terms that the appearance of that child as you 
have described it, corresponded to the uniform of the Ku-Klux. Did they wear a 
scarlet band in tlieir uniform at the time you speak of? 

Ausiirr. Yes, sir ; on some portion of the person. They sometimes differ ; a klan will 
put on one garb at one time, and then they will change it, and put on another. The 
klans do not all wear the same uniforms at all times and in all i)laces; it is not always 
exactly the same. 

Question. You say you have yourself seen the klan riding on several occasions. Was 
their ai)pearauce calculated to in8i)ire terror ? 

Answer. Yes, sir; they were very hideous. They generally wear very high caps of a 
conical fonn, very tall and running up to a point, aud without brim ; with eye and 
mouth holes, heavy mustaches and long beards painted ; generally with long black 
gowns. Their signals are given by means of whistles, common hunting whistles, simi- 
' lar to those you will hear for starting street cars. 

By Mr. Van Trump : 

Question. You believe, do you, in these extraordinary disx^ensations of the Creator in 
regard to innocent, unborn human beings ? 
Answer. I do not know that I have any particular opinion upon that subject. 

By the Chairman : 

Question. Was the child born living or dead, according to your information ? 
Answer. It was born dead. 

Question. Was that the only instance of the kind occurring within your knowledge 
there ? 

Answer. It was within the knowledge of parties present from the various counties, 
as was stated and current on the ground, that there were six other cases ; one I saw, 
the child living. 

By Mr. Van TRmiP : 
Question. That is, each county produced such an affair as that? 

Answer. No, sir ; I say that there were persons present from different counties ; and 
within the knowledge of persons on the camp ground, there were other cases, as they 
represented. They «poke of some six or seven, some seven instances of sucn marking. 
They were nearly all living, but not marked to the extent of this one. This was the 
most marked of any that had been born. 

By the Ciiairmax : 

Question. :Marked so that the resemblance to the uniform or disguise of the Ku-Klux 
could be recognized ? 

Answer. Yes, sir; I saw one child, a negro child, that had a fierce, wild look, with a 
head somewhat in the form of the Ku-Klux caps, and a very unnatural chin. 
By Mr. Van Trump : 
Question. How unnatural ? 

Answer. Thick and heavy underneath, as though something had been thrown over it. 
Question. Tliat was your supposition, frimi the shape of the chin and face, that it 
represented something that was ordinarily thrown over their faces ? 
Answer. Yes, sir; it had that appearance. 

By the Chairman : 

thatT^'^"* ^^^^ mother give that account of it? Do you know anything about 

Ansxm- I did not inquire; I was simply passing by and they told me there was a Ku- 
Ivlux child there, aud I called and saw it. 



ALABAMA. 



121 



Qiiesnon. Had the parents been visited "by the Ku-Khix? 
Aft8ivcr. Not that I know of. 

By Mr. Vax Trump : 
Question. You may give all your iuforinatiou ou that subject, 
Atisive)^. I \vill. 

By the Ciiairmax : 

Qiu'stioiK Go on and state any other aetnal faets that liave come within your knowl- 
edge as to the oi)eration of the Ku-Khix Klaii in that State. 

Answer. In the mt>nth of February last, late in the month, I started out on a six 
weeks' circuit or tour of (quarterly meetings. 

By Mr. Blair: 

Question. A moment, before you go on with that. I do not recollect the location of 
this c:inii>-meeting at which this child was exposed. Where was it / 

Answer. I think 1 stated that it was in Blount County, near the towns of Summit 
and Brookville. 

By ]Mr. Van Trump : 
Question. What was the name of the church there ? 
Answer. It is called Gum Camp-ground. 

By Mr. Vool: 
Que.stion. Wlu'u was it ? 
Answer. About the middle of October. 

I5y Mr. Stkvknsox : 
Question. You say you published an account of the api)earance of that child ? 
Answer. Yes. sir. 

Question. Have yun a coi>y of your publication ? 
Answer. Xo, sir; 1 liave not. 

Qmstiou. Do you I'cmember th(^ dal(^of the pap<n"? 

Answer. 1 do no! ; but it was al)out that time or a few days after. 

By Mr. 

Question. You say this band of men who eamo to the gr(tund were recognized. They 
were not disguised, tlien ? 

Answer. (.^>nite a nunil»er of tluMu went recognized. 

Question. Do you know the names of any ot* tlicm, the most ])rominent among them ? 

Answer. I conhl not give tlK^n now; but after a litth^ time, if it is n(UMh'(l, 1 can fur- 
nivsh the c()nnnitt<M^ with several of the names. We have Immmi so hennued in and 
Cl ashed down, the least infornuition given wonhl so peril a man's life, that we ha's'e lx'cu 
compelled to l»e exce(Hlingly an<l extremely cautions in all that we have done or said. 

By the CiiAnniAX : 

Question. You were proceeding to stat" what ac'^-urred in I\'bruary. 

Answer. I attended a quarterly meeting in Blount County, in tlie Marshall ciicuit. 
During the service, on Sabbath, there were indications of hostile mo\ ements. On Sat- 
urday night I was sent to stay with a man whose house was barricaded and armed, as 
a point of safety. On Sunday those indications alarmed the ixfojihs and I was guided 
by four men some six miles and put on a road, when I had reached what they 
considered a point of safc^ty. The second S.ibbath in March nothing occurred that was 
uufavorabl<^ The third Sabbath I was notified of danger — great danger, gr(*at p<-ril. 
1 was uotilied on Friday night. I'lom that point I tj-avi-led tive miles away in the knobs 
between two valleys, and held (piarterly meetings. The peoi)le! became alarmed; mes- 
sengers were rinniing in different directions. Saturday night I was sent away out to 
a private house, some four miles from the site of my (quarterly meeting. My horse 
was hid; my saddle was hid, and I was put in a loft to sleep. Ou Sunday night the 
alarm was increased. I stopped at a house on the main road ; a little after night some 
ten men came in — some fi om one i)art and some from another— with their guns and 
pistols and ax<\s, and barricaded the doors. 1 was placed in the loft, and the men lay 
down in the room. There was a tierce thnuder-stoi-m of some four hours, and it raised 
the stream over which the attack was expected to be made, so that there was no iu 
jury done me. There was no alarm that night. 

By Mr. Vax Trump : 

Question. Do not th(\se frequent deliverances, so many of them, look a little like you 
had been miraculously jireserved * 

Inswer. Well, I have by practice, as well as by theory, reached the conclusion that 
man is immortal until his work is done. 



122 CONDITION OF AFFAIRS IN THE SOUTHEP^N STATES. 



An8ica\ I was notified that a largo force of disguised men eaiue to tlic stream, and, 
failing to get across, thev returned. I was sent a different road from the one I had 
traveled through the inountains. I swam two streams that I could not head, and 
which were not^bridged, and after a w^et, tedious ride of forty miles in the day, late at 
night I reached quarters that were considered safe. 

Qucstioji. I did not catch the time when this was. 

Jusiver, This was tlie third Sunday in March. 

Qucstlo?i. March last ? rr^i . i . 

Auaicer. Yes, sir. From thence I went to De ICalb County. There was a mistake in 
one of my quarterly meetings, or the streams were in such condition that I could not 
ford them, and I passed over and went on to my quarterly meeting in De Kalb County. 
I put up at the house of Judge Haroldson, the judge of the circuit court, which was 
then in session in Lebanon. Immediately on arriving I was notified by his wife that 
I was in danger; that the Ku-Klux were threatening me. 

Question, How far was that from your home ? 

Avsiccr. About eighty miles. 

Question. Could they possibly know you were to be there at that time? 

AnsH'cr. They had opportunities of knowing, because the meetings had been published 
for four Aveeks. All the quarterly meetings all over the circuit were published for four 
weeks preceding. 

Question. How did this lady know that you were threatened on that occasion ? 
Answer. She said she heard it from competent authority in the neighborhood. Her 
relatives had been in the rebel army, but they were very much devoted to their sister. 
Question. And consequently to you ? 

Answa\ Not particularly to me, I do not think. But she thought I would be safer 
there than at any other point. 

Question. I inferred from what you said that her confederate relatives had informed 
her of the danger to you. 

Anstvcr. I think not ; I think she had gathered it from the current reports of the 
neighborhood. On Saturday night the judge came home. The meeting was on top of 
Lookout Mountain, about one and a'quarter miles from the judge's house ; he lived in 
the valley. 

Question. The scene of the battle of Lookout Mountain ? 

Answer. It was on tliat range of mountains, about fifty miles from that point. On 
Saturday we returned to Judge llaroldson's, and on Saturday night he came home. 
About 11 o'clock we heard a very great outcry of the dogs, right across at Ilolloinan's 
Station, about three-quarters of a mile on the line of the Chattanooga and Alabama 
road, and the firing of several pistols. We went out and watched and looked and waited 
for a while. Matters became quiet and we retired, but every time the dogs barked I 
beared the judge's door open, as though he w as in fear and alarm. The next morning 
one of my preachers, who staid at the Widow Holloman's, informed me that some eight . 
or ten men came into the room where he was sleeping and passed around, talked with 
others outside, and went up on the side of the mountain and w^hipped a white man • 
dreadfully. When I arrived there he was said to be in his bed, unable to get out. 

By the Ciiairmax : 
Question. Eight or ten disguised persons ? 

Answer. Yes, sir ; they came into the room where he was sleeping — one of my preach-, 
ers, who went there at night and stayed during the quarterly meeting. . 

By Mr. Van Trump : ^ 

Question. What was their object, as manifested in any w^ay, in going into the room 
of the preacher ? 

Answer. He said they did not disturb him or interrupt him. 
Question. Did they inquire for you ? 
Ansicer. No, sir. 

Question. They went into the room? ^ 
Anmcer. Yes, sir. 

Question. And walked around and went out again ? 

Answer. Yes, sir. The inference of the wholti thing was that they were after me, but 
found I was at Judge Haroldson's. He is one of the most popular men in Alabama. 
He IS mining the Lookout ^Mountain for coal, and has a great m!\ny men in his employ- 
ment, and his friends are in the ascendency there. His wife's friends, on the other 
Bide, are greatly devoted to her, and would be likely to resent any insult made upou 
any of her guests. Finding that I was there 

Question. That is an inference ; you do not know ? 

Answer- Yes, sir; that was the inference there. I state the fact that it was the cur 
rent inference ; I do not know that to bo the case. 



ALABAMA. 



123 



By tlic Ck AIRMAN : 
()ne^t'ion. Have you anything further to state of your own knowledge? 
Ansicer. Ycs^ sir. 

By ^h'. Blatk : 
Question. You say that was in Lebanon ? 
An-iu'cr. Yes, sir; tlie county seat of DeKuB) County. 

By the Cii airman : 
Qne-silon. Go on with yonr statement. 

JuHivcr. I liave designedly passed over one case, the case of ]\Ioses B. Sullivan, a 
wllite nmn, who was ajj^ointed to what is called Big Cove circuit. All valhns in our 
country are called "coves/' and this is cnlled Big Cove, in contradistinction to jill the 
others, lu'cause it inclndes the* valley of the Flint and the Taint Kock Ivivers. On the 
night of the 10th of May, he was sleeping at the house of Mr. Henry Stevens. 

He was taken out of his Ix'd at ahont 11 o'clock hy disguised men, l)ejit(Mi with rods, 
his sknll fractured, and struck across the breast with a whiji or a bludgcdn, so that he 
was felled by the blow. He has never recovered from his wounds and injuries ; he is 
iKJW an invalid and will ])r()bably remain s#> during his life. 

(Jnrslion. Yon say he was ai)pointed to that station; was he a ju'caeher of your 
denomination? - 

JfL-iiccr. He was a preacher, one of those in my district, and a]>point(Ml to the Big 
Cove circuit, and was then in the ]>rosecution of his ministerial avocations. ] lis quarterly 
meeting was tovome otf on th«' following Saturday and Sunday, on th(^ Feeren )>lanta- 
tion, on the bank of the Tennessee IviviM*. 1 was to have met liim at Faint Kock ; fail- 
ing lo mc<'t him, I went to a friend of mine, Dr. Barker. As 1 nxlcMij), said the Doctor: 
Have you lieard the fate of Sullivan f' I said 1 had not. Said he: He has been 
whij)])e<l l»y the Ku-Klnx,and I think they have killed him.'' He said: I live within 
four miles of the places and 1 was at tlie house the next morning, and have b(M'!) there 
two nu)rnings .since visiting a si(dv i)atient in the house: 1 think they have kilhnl liim." 
And he also said: ''Your lifi^ is in (lang<'r; they threaten to kill y«Mi." Alter a hurried 
su])])(n' he told me he would convey me to a point of safety on a bbitf. Some four fatn- 
ilies, among them the brother and the brother-in-law of Mr. Stevens, at whose house 
M . Sullivan was whii)])ed, lived there. We turniMl through tlu^ woods, and he con- 
veyed me to ^Ir. Stevens, reaching theri^ late in the night. A eouneil was held as to 
wf^hctlKU" I should proceed with my ({uarterly meeting. It was decided that if I could 
stand it they could, and that we would i)rocee(l. On Saturday night thre(M'olored men 
were whip])ed, within thrcM^, miles of me. On Sunday I sent my messenger on my 
hoise in search of my preacher. We had been to several fords and couhl not lind that 
he hatl crossed. The report of the Doctor alarmed m(\ and I ]>ut a iu(>ssenger nptui 
my horse and hurried him to the house of Mr. Sullivan, xi Marshall County, across tho 
liver, about thirty miles distant. 

By Mr. Van Trump: 
Question. Was that another Sullivan ? 
An.su'cr. Xo, sir; the .same. 

Question. 1 thought the Sullivan who was whipjied lived within four miles of Dr 
Farker's? 

Answer. He was stoi)])ing four miles from there, at ]Mr. Stevens, when he was w hip2:)ed. 
On Tuesday, another (dass of colored persons were w]n})])(Hl and disarnu d. The Feerren 
plantation is a very large plantation. On Wednes<lay, the chundi where 1 held the 
quartevly meeting was burned. And on Thursday I was notified that 1 would go up. 

By Mr. Stevenson: 
QueJ^fion. You say anotlier class of colored xiersons were whiiii)ed." 
.inmrr. Anoth<T number. 
Question. Another set ? 
Ansirer. Yes, sir. 

Question. You do not mean an association in the church, known as a class? 
Ansicer. No, sir ; I mean some three or four more negroes were whii)ped. 

By Mr. Van Trump : 

Question. Let us understand you as you go along; you say the church was burned on 
Thursday night ? 
Ansicer. Yes, sir. 

Question. When did the quarterly meeting commence? 
Ansicer. On the Saturday and Sunday previous. 
Question. And you preached every day i? 

Ansicer. Xo, sir ; I preached Saturday and Sunday, and closed out the meeting. I 
laid out two nights under the trees and under the rocks, fearing that they would make 
an attack upon mo. I was notified by my friend, Dr. Barker, through a special mes- 



124 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



een"-er, not to rctnrn to Huiitsville by any road leading out from that point. Tho 
messenger and luy borso bad been recognized, and the roads were picketed bcbmd bhn. 
He was sent around through the country, and was detained, so that I couhl not leave. 
Finallv niv buL'<^V was taken do\yn the mountain, and also my horse after he arrived. 




tho facts in the case as 1 have given them. 



By tho Chairman : 

Question, Have you a knowledge of other facts showing the condition of society 

Answer, It appears from this affidavit of Mr. Sullivan, that when they were whipping 
him they said they w^ould kill his presiding elder; that he must preach for the 
Metliodist Episcopal Church South ; that there should be no church south of Mason 
and Dixon's line, except tho Methodist Episcopal Church South. 

Question. By whose direction did you go to Alabama to organize tho church there ? 

Jnswei\ By direction of Bishop Clark. 

By Mr. Van Trump : 
(?«ts«on. Of what State? 

Answer, The State of Ohio. I was sent froni the Cincinnati conference, as that was 
in session. I was transferred from Indiana ; my home was in Indiana. 

Question. AVas the Methodist Church South represented in that Cincinnati conference ? 
Answer. Not at all. 

Question. Altogether northern preachers and bishops ? 
Ansicer. Tht*e are two separate organizations. 

Question. And have been ever since the suit in the supreme court, before the war? 
Ansicer, Yes, sir. 

By Mr. Stevenson : 
Question, There is no Methodist Church North ? 
Answer. No, sir. 

By Mr. Van Trump : ) 
Question, Il'ou are not disposed to call yourselves by that name ? 
Answer, No, sir. 

By the Chairman : 
Question. You were sent there to organize a church in Alabama ? 
Answer. Yes, sir. 

Question, And these persons represented that there should be in that State none but 
the Methodist Episcopal Church South ? 

Answer. None but that south of Mason and Dixon^s line. The church divided in 
1844, and the southern wing that split oif assumed the ecclesiastical title. of the* 
^Methodist Episcopal Church South. Tho Methodist Episcopal Church has never 
changed its name. 

By Mr. Coburn : 

Question, What is the number of members in Alabama of the Methodist Episcopal 
Church proper? ^ 

Answer, We have there now about 15,000 members, a fraction over three-fourths ot^ 
whom are white ; we have six presiding-elder districts, seventy circuits and stations, 
seventy traveling ministers, and about one hundred and lifty local preachers. 

By Mr. Van Trump : 

Question. Let mo ask you, in what character were you sent there ; as a missionary 
to the South, or were you sent there by the Cincinnati conference to take charge of 
that church south ? 

Answer. We had no organization there. 

Question, Did the Cincmnati conference claim that they had a right to go there and 
organize a church ? 
Answer, Yes, sir. 

Question. As against the Southern Methodist church ? 

Answer, Not against the Southern Methodist church ; we regarded the whole world 
our parish. 

Question, Having no organized church there you went in the character of a mission- 
ary to found a church there ? 

Answor. I was sent there to organize the Methodist Episcopal Church, and build up 
her interests, and in that capacity I have labored there for years, and have raised that - 
showing which you see there in five years and eight months. 



ALABAMA. 



125 



Quesiiou. Are we to understand that all this coDcatenatiou of attackvS npon you has 
come Iroiu the ]Metho(list Episcopal Church South ? 
Jnsiver. I liavc said uo such thiu*^. 

Quesiion, What is your belief ? Does it spring from a ditference in regard to reli- 
gious matters f 

Anmvcr. I think there is a hitter feeling on the x)art of the Methodist Episcopal 
Church South a^gainst the ^h^tiiodist Episcoi)al Church, and the affinities of that 
church are with the party that is opposed to our organization. 

QncHtio)!. Jnst as the affinities of the northern members are with the northern church ? 

AuHirer. Yes,' sir. 

Question. Is there any difterence ? 

Anstrcr. I think it is a v<'ry similar state of things ; I regard it as a ]iolitico-religions 
feeling nnd bitterness. We drew out th(^ loyjil element and con<'entrat(>d it, and it 
seemed to assume ])roportions and <]imensions that were a little jilainiing. 

Qni'fiiion. Wh'At do yon mean l)y drawing out the loyal elenu-nt ? Do you nn^an that 
your elforts were direct<Ml to that portion of the Sonlh("rn jxiople and not to tho others ? 

Au-swer. 2sot in the k'ast. I never advanced a political idea in th<' pnli)it, North or 
South. 

Q^ucsCion. Thon wliat do yon nn^an by drawing out the loyal element of tlie South? 

An.^ivcr. 1 mean by that that as I c()nnn<MiC('d and continu(Ml ]n<'tiching there, and 
tliey uu(hMstood the antecedents and gcm ral jirinciples of the ^b'thodist Episco]tal 
Chur(di, fi'om wliich tli(\v had formerly heeu seveied, they decided to return ; and as a 
natural cons<'quence the loyal element gravitated towaj'd us. 

(JiKsfioii. 1 )i(I you not go th<Te to organize the loyal element in the Methodist ( 'hurch ? 

Aihstrcr. No, sir; 1 had no sueh ])Ui'i)»)se and no su(di design. My orders wei'e ])er- 
emi)tory not to mingle in tln^ political arena at all ; my charg(^ to my [M'eachers v as 
]:e;'emi)tory 

(Jucsl'tuu. Erom what part of Ohio di<l yon go ? 

Aiisiccr. I resided in Eein, Indiana; but was transferred o^'er to the Cijieinnati con- 
ierence, that beii'.g in s«>s.sion at 'J'roy. 
Question. Tioy, in .Miami County ' 
.liiKd'ct'. ^ Cs, sir. 

(Ji((!ili<nt. Yon never lived in Ohio ? 
.l//,s/rrr. No, sir. 

(Jncsfioii. Ua\'e you be<Mi a })retty strong })olitician in your time? 
. ^ItiKinr. No. sir. 

(Jn(f<fiiHL Von have taken no part in politics ? 
Aiit^H'cr. 1 woidd not say that. 

(Jncsliou. Did you eNcr jtreach what is calle<l a p(ditieal sermon ? * 

^insn'(i\ Never in my life; 1 never introduced, Noith or South, a political idea in my 
seruKnis ; never have and neviM* expect to. 

(Jiusiion. Ave ^^)\\ n(>t somewhat cS'an exception in that respc'ct to ]\h'thodi-<t Episco- 
l)al ('Inn eh preachers generally ? 

Aihswcr. I do n<)t know that I am. 

(JnvHtion. Do yon not know a great many that are of that class ? 
Anstrr)'. 1 know a great many who are warm in their political fe(dings. 
(Jnv.slion. Did you ever hear a ])olitical s(n'mon ! 
^liisuur. No, sir; I do not think I <'ver hav<-. 
(JitcsH<ni. Whvvo were yon during the war 

^insircr. I ^vas cha])Iain of the Tliirty-ninth Indiana Eegiment. 
(Jiuslion. wei'e in the conlliet then ! 

AuHn-LT. Ves. sir, for four years I shared the fortunes of that I'l^giment in all their 
bloody battl(>s and terriVde nuircluvs, and with Shernnin went around to the sea. 

Ey i\Ir. Com UN : 

QucHtwu, Yon winc stating something about: the < barge yon gav<' to your jU'eachers; I 
-svisli you would continue what you were going U) say. What was your charge to 
thenif 

jinsircr. My orders from the bishop, an<l thi'ough me to the ]>reachcrs, were not to 
mingle in tlu; political arena, ])ut to devot(^ thems(dves entindy and exclusively 
to the work of the Christian ministry; and as a class. I do not bolieve there is 
an e(pial nund)er to l)e found in the Enited Stat( s that have, adhered more closely to 
tluMlnties of the ministry than the pieachersof the Methodist I']|)isco])al Church in 
the State of Alabama. I will say further, with ])erniission, that \ve have had some 
Ycry severe and sonu^ very hard conflicts. I may be compelled to look at my list; in 
order to give all tin* facts. 

QiivHiiou. In reference to the ])articular point you were on a moment ago, I wish you 
would state whether this ()pi)()sition to your work is organiz(Hl; or is it incidental i\\ its 
nnmifestations, as you undeistand it? 

AnHivcr. 1 cannot say whether it is a svstematic organized ox)position ; I do not know 
that. 



126 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Question. What would the manifestations lead you to suppose ? 
Answer, The manifestations indicate such a state of feeling. 

By the Ciiaiuman : 

Question. A moment before you leave that suhject ; you have stated in refercnee^to 
the character of the menihership that came to your church in Alabama, that it was 
principally from the loyal element. 

Ansuer. Yes, sir. 

Question. Did you, when you went there, find that element ready to bo organized 
into your church ; and did you find it existing there to any great extent ? 

Ansu-tT. I found it to a^ very great extent. Wo did not create the necessity or the 
demand ; we simply supplied it. By their feelings and views, and their knowledge of 
the Methodist Episcopal Church, they naturally came to her as their choice. 

Question. That being the case, do you attribute the hostility of those disguised per-^ 
sons, of those bands who attacked you, in any degree to the fact that there were so' 
many loyal men in your branch of the Methodist church in Alabama? 

Answer. Yes, sir. The loyal men iu the State of Alabama as a general thing, or iho 
majority of them, are not among the leading men of the country ; they are what wo 
would call the middle classes, the working classes, poor men who had no interest in 
maintaining slavery. 

By Mr. Van Tkump : 
Question. Has anybody any interest in maintaining that institution now ? 
Answer. I think Mr. Davis has an interest in " the lost cause ; " he seems to have. 

By tlie Chairman : 

Question. In traveling through the State of Alabama and supervising the interests 
of your church there, have you made any examination into the number of your 
preachers who have been visited by these bands of disguised men, and the number 
of persons who liave been whipjjed and outraged in the dift'ereut counties through 
which you have passed ? If you have, state what was the result of that examina- 
tion. 

Answer. (Referring to memorandum-book.) Rev. Mr. .Hill, of Eutaw, was whipped 
and driven from the State in 1867, and is now in Illinois. 

By Mr, Van Trxbip : 
Question. Did you commence making that record in 1867 ? 
Answer. No, sir. 

Question. When did you commence that memorandum-book ? 
Ansicer. 1 drew up this from a former scrap-book. 
Question. You kept a scrap-book, then ? 
Answei'. Yes, sir. 

Question. Did you commence it in 1867 ? 
Answer. Yes, sir. 

By ^Mr. Stevenson : 
Question. Who was Mr. Hill, and where was he from ? 

Ansicer. He was a native Alabamian. We have not had a northern preacher there 
except one to assist me, for about three months. I have raised all these men on the 
ground — native Alabamians. 

Question. Was the Mr. Sullivan to whom you have referred a southern man ? 
^Answer. Yes, sir. 

By ]Mr. Van Trump : 

Question. How many preachers have you under your charge ? 
Answer. In the coufereuco ? 

Question. In your Alabama organization ; do you not preside over the Alabama or- 
ganization ? 

Answer. No, sir ; I preside over only one district ; wo have six districts. ' 

Question. You arc a presiding elder, as known in the Methodist Church ? 

Atmcer. Yes, sir; but I have had the supervision of the whole work. 

Question. Then, when you speak of all your preachers but one being native 
Alabamians, do you melu that remark to apply to your district only or to the entire 
fetate* 

AnswiT. I mean that to apply to the whole conference in the State. 

Question. How many preachers are there of that sort? 

Answer. Who have been maltreated ? 

Question. No ; who are native Alabamians. 

Answer. They are all native Alabamians. 

Question. How many are there? 

Ansicer. Seventy. 



ALABAMA. 



127 



By Mr. CoBURN : 
Question. Native Alnhamians or resident xVlabaiiiians ? 

Anf^nrr. IvosidtMit Alabaiiiians. and I suj^i^ese all native Alabaraians ; and there are 
one bnndred and iifty loeal preachers. The lirst I named, who was nialtrejited, wns 
a Mr. Hill ; he has some three initials to his name, F. B. L., I think, bnt 1 do not now 
renK^niher exactly what they are. The parties who whipped him were arrested and 
tried by (ieneraf Shej'jperd, by military eonnnission, adjndij;e(l to have their heads 
shaved and sent to the Dry Tortui^as, one class for one year and the oi\wr class for two 
years, at hard hibor. Mr. President Johnson pardoned them all. J. A. McCiitcheou, 
presiding elder, was driven from the Demopolis district in lt^()8. 

By Mr. Stevenson : 
QacHflon. Who was he ? 

Auf^trer. A native Alabamian, and snl)seqnently chaplain of the senate; he was 
cliai)lain for two years. James Ibichanan was driv<'n from the Tnsealoosa circuit; lie 
was tired npon in his house and npon the highway, and notified to leave on pain of 
death. He has gone to Texas. 

Qucsfiou. Who was he ? 

Aiiswcr. He was a native Alai)ainian — born and rais(^d in Blonnt County, Alabama. 
John W. Talley, a native Alabamian. an old traveling minister in the Methodist E]>is- 
copal Church before the division, fell into the southern division ; but v.'beu the Meth- 
odist Church came there he cam<i to her. He was the presiding «dder of the Talladega 
district, but is now in Missouri. Moses B. Sullivan, as I have already stated, was 
whi])pcd, and is now in Florida, sent out of the State. 

r)y Mr. CoBt^iJX : 
Qiiestiou. Who is ^b>ses B. Sullivan ? 

AusH'tr. The man who was whii)ped, whom I named before, and whose affidavit I 
prcvsented. 

By :Mr. Blair: 

QhcxHou. At what place was ^Ir. Sullivan whi])])ed ? ^ 
Ausicer. In Madison County, twenty-two miles from Hnntsville. 

By the Ciiaiiiman : 

Qncsfiou. Ho you desire this aOhhivit of Mr. Sullivan's case to be incorporated with 
your testimony ? 

^lu.siver. Yes, sir; with one exception. There are two names I wisli to strike from 
that athdavit. for I am convinced that ^Ir. Sullivan was in error in rcgartl to two 
names of ])ersous whom he attempts to identify as among his punishers. 

By ^Ir. Van Tiji mp : 

QHV><flou. By what authority do yon assume to strike out anything from an affidavit 
nia<le by anotlKn" jjcrson ? 

AnsH'ir, Well, I will r(>cord it as a note; for since thou these men, who are personal 
friends of mine, have given me rca.s)ii to believe that they were not the guilty parties. 

liy the Chairman : 

QiH'Stlon. State who they are, if you wish that statement to accompany the affidavit. 
Ausurr. Colonel James Shclheld and Mr. Ferguson — James Ferguson, I think. 
Om-'<t(ou. You think the reference? to them ia the affidavit is erroneous ? 
Answer. Yes, sir. 

(JufStioii. With that exception you desire the atTidavit incorporated in your testimony ? 

Answer, Yes, sir. [See "A," attached to testimony of this witness, l»agc 14b.] Dean 
Reynolds, colored man, local preacher, beaten and left for dead, with both arms 
broken, one of them in two i)laces. 

By Mr. Stevenson: 
Que^'^flon. AVas he a native Ahxbamian ? 
Au8wer. A native Alabamian, and a colored man. 

By Mr. Blair : 
Quesiiou. Where was that ? . 

JH.^^rer. In ;^b)rgan County, on the Tennessee River; right on the line between Mar- 
shall and Morgan. 

By the Chairman: 
Qucsfion. When was that? 

Answer. It wms in l^C)^. I do not remember the exact lime. I sent him over the 
riv«^r to take charge of the colored people on those large Tennessee bottom plantations. 
Jesse Knight, local preacher, shot in his own house, in Morgan County, in 16G9, and 
died in a few" days after. 



128 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



By Mr. Stevkxsox : 

Quff<iion. Who was ho? ^ . ^ i i i 

itmver A native Alabaraian ; had lived all his life iii that place, and owned a grist- 
roin and a saw-mill there. He was a steady, sedate, virtnons, intellioent maa. I held 
a quarterly meeting in his neighborhood, and stopped at his house. 

By Mr. CoiiUKX: 

QuesUon. How long was it after yon held a quarterly meeting there and stopped at 
his house, that that outrage was committed? ^ ^ -r^ 

Answer. About lifte(Mi months. Rev. Mr. Johnson, local preacher, of Fayetteville, 
shot dead in the pulpit while preaching, in 18G9. 

By Jlr. Qtevensox : 
Question. Who was he? 

Answer. A native Alabamian, living in the place ; a local preacher. 
Qncstioji. Do you know anything about the circumstances of that case? 
Jnswn\ Not particularly ; only that a man from the congregation shot him while he 
was ])reachiug. 

By Mr. V.vN Trump : 
Question. A single man ? 
Answer. No, sir; he was a man of family. 

Question. I mean the man who shot him was not supported by others around^him. 
You say a man arose in the congregation and shot him. 
Answer. He was sitting in the congregation and drew his pistol and shot Mm. 

By ]Mr. Stevenson : 
Question. Was there any punishment for that that you have heard of? 
Answer. I have- never heard of a man in Alabama being punished for any outrage of 
the kind. 

Question. Were the military there then? 
Answg\ They were in Huntsville. 

By the Chairman : 
Question. When was that ? 
Answer. In 1HG9. 

Question. The State government was organized then? 
Answer, Yes, sir. 

By Mr. Coburn : 
Question. At what time in 1809? 

Answer. In the summer of 1869. James Dorman, a member of the conference, at We- 
tumpka, was brutally whipped on Sunday .after service, and run from the circuit in 1870. 

By Mr. Stevenson ; 
Question. Who was he ? 

Answer. A native Alabamian ; a nephew of the celebrated and distinguished Dr. 
Dorman, of the Georgia conference; the presiding elder of that conference. I failed to 
look over the minutes ; I was secretary of the conference, and have not here the name 
of a man who joined the coni.M ence last fall at our session ; and in a few weeks after 
he and his son were shot dead on the line of the West Point and Montgomery road. 
• Question. Was he a preacher? 

Answer. He was a member of the conference; a colored man. He joined the con- 
ference, went to his circuit, and a few days after reaching the place he was shot. It 
w^as between W^est Point and Opelika, on the line of that road. His presiding elder, 
Dr. Franklin, wrote me the facts of the case. George Taylor, local preacher in 18G9, 
in the county that was taken off of Florence and Lawrence. If you have the map here 
I can recall the name. 

By the Chairman : 

Question. When was it taken off? Perhaps the map here will not show it. 

Answer. 1 think it will ; %it was in Tuscumbia, Colbert County. I have an aflftdavit 
hero which I will present to be incorporated with niy testimony. (See B " attached 
to this testimony, page 148.) I was in the neighborhood, and know the facts. Ho 
was taken from his bed by a band of disguised men and whipped ; laid upon his face, 
with men upon his arms and legs, and whipped till his back was scarilied ; he was 
punched in the head with their pistols until his hair was clotted with coagulated blood ; 
and then, with a knife, his body and legs and thighs were punctured all over, and then 
they would slit them out with the knife. They ordered him to leave ; his wife carried 
him out and fed him ; he was taken to one of my traveling preachers there. 



ALABAMA. 



129 



Question. Did you see him ? 

Avsarr, Yes, sir; at Old Uncle George Merrill's; lio was kept conecaled in their loft 
for about three mouths, and theu he was able to travel, wheu he left. 

By Mr. Pool : 
(Jucsfhn. Was he stripped wheu they whipped him ? 

Ausim: I did uot ascertain; ho had nothing but his night-clothes on when they 
wliipped him. 

By Mr. Stevenson : 
(>iicstwu. Who was he ? 

^iiisiccr. A colored man ; born and raised in that neighborhood : one of the most 
meek, hum])le, devoted boys I have ever kuown^among the colored people. About the 
same time they hung three men from the bridge. 

By the CiiAiRrkiAN : 
Qu('>tthn. Three colored men ? 

Answer. Yes, sir ; from the bridge across a large creek. The leading man's name was 
Johnson, a member of tlie Methodist Church. Two others were hung with him from 
the bridg(^ by disguised uk^u. 

By Mr. Blaiu : 

(^)^l<'sfiou. Was that at Tuscumbia? 

Au.sirer. Yes, sir; 1 have iinother case that I wish to present, and then I will sul)mit 
tli(! whole of their aflidavits. 

r>y ^Ir. CoiiURX : 

(Jiie.stiou. In I'egard to the men hung from a bridge, do yon mean that they were; hung 
until they were dead? 

Ansirer. Yes, sir ; and tli"y were taken down and buried by the twdorcd people. 

By Mr. ^tevensox : 
(Jntstion. Was any notice pinned upon their bodies ? 
Answer. Not that I know of. 

By the C'itaiu.max : 

(Jnestiou. Does that eom])lete the list of clergymen you have referred to as having 
been subjected to outrages ? 
Answer. Yes, sir. 

()nestion. Were all tlu'se men you have mentioned uu'u of good character and stand- 
ing in your church ? 

Answer. I was ixTsoually acquainted Avith every man of them but Johnson, an<l h<' is 
re])ortcd to have beiMi a man of excellent character. All the rest I can vouch for as 
being men of sterling int<'grity and i)iety — (piiet, i)eaceable, and unobtrusive. 

By Mr. Sievenson : 
(Question. What has bt^'ome of Taylor ? 

Answer. lie is in lluntsville, working on a X)Iantation within about three miles of the 
town. 

Question. Has he (piit preaching? 
^tnswer. He is a local preacher. 
fjutfidon. lie is still preaching ? 

Answer. Yes, sir; he has never been a traveling minister. 
By Mr. CoBUKN : 

Question. Have you any information of the arrest, trial, and punishment of any 
persons who peri)etrat<'d these outrages ui)on these preachers ? 

Answer. I have of but one ; and that was the punishment in the Dorman case. I 
have this item of information that I will give to you. I see now the importance of 
things that I did not think of at the time. 

By ;Mr. Blair : 

Question. Was that Dorman the man Avho Avas killed in the pulpit ? 

Answer. No, sir; that was Mr. Johnson. Mr. Franklin, the presiding elder of Mr. 
Dorman — by the way, he was under me for one year; and I have known him ever since 
we have organized our conference there. Mr. Franklin wrote me that at the investiga- 
tion a lawyer of Watumpka dencmueed him as a renegade, thief, liar, and heaped every 
e])ithet upon him that could b(^ thought of, and it seemed to meet with a very general 
and hearty response from the great eiowd that had assembled to hear the investigation. 
The whole matter was laid over, or quashed, or broke down. There was nothing done — 
th(^ whole thing i^assed away. 

Question. You say the lawyer denounced Dorman? 

9 



130 CONDITIOX OF AFFAIRS IX THE SOUTHERN STATES. 



Answer. Yes, sir ; in the iuvestigatiou a lawyer from Wctnmxika was employed. 
Question. Who was that Lnvyer if 
Aii8iva\ I do not remember liis name. 

By the Ciiaikman : 

Question. How many were arrested at the time that investigation took place? 
Jnsxver, I do not know ; ho did not state. 

By Mr. Blair : 
Question. They were tried and released ? 
An8ivei\ That is the report; that the proceeding flashed out. 

By the Chaikman : 

Question. Is that the only case in which you know of an arrest being made? 

Answer. The only instance of arrest that I know. I have one case I wisb to present, 
and hero, is the affidavit. I will state the facts : a young man by the name of Blair, a 
colored man, — i— 

By Mr. Stevenson : 
Question. Is that case connected with the church ? 
Answer. No, sir; it is not. 

Question. Before you go on with that case, I wish to ask you some questions ; was there 
any evidence brought to your knowledge that the people who gathered around you in 
organizing the Methodist Episcopal Church in Alabama were people who had been con- 
strained into the se^iaration; was there any extensive feeling of that sort that you 
observed ? 

Answer. On the part of old men there were men who had lived under the old 
church and had been taken out without their knowledge or consent. They felt a 
longing to return to the old church and became centers of influence ; and the people, 
as a general thing, the loyal people, were very mucli displeased and dissatisfied with 
the ^Methodist Episcopal fchnrcb South. Some of their best ministers were expelled for 
disloyalty, or because they w(ire suspected of disloyalty to the Confederate States, and 
they 'were very much oppressed, and they hailed the opportunity of going to tho old 
church when she went there. 

Question. 1 notice that Mr. Sullivan in his affidavit states that on one occasion ho 
was told that the people at the church where he was preaching did not want to hear 
him ; that he took a vote of the congregation and all but three voted that they wanted 
to hear him, and three voted that they did not, and that tho crowd who was outside 
cursing and swearing agreed with tho three ; did you hear of that circumstance ? 

Answer. Yes, sir; I heard it talked of. 

Question. Currently sj)okeu of? 

Answer. Yes, sir. 

Queslion, It was also charged against him by the crowd who were whipping him that 
he had not been true to the South. Had he been an old preacher ? 
Answer. No, sir. 

Question. Did you have any communication with Methodist Episcopal preachers in 
other Southern States — any general knowledge of how they were getting on? Was 
the work going on in other Southern States also ? 

Answer. Yes, sir ; and pretty general, for this reason : the last general conference es- 
tablished a paper located at Atlanta, Georgia, called the Methodist Advocate. It has 
become the organ of the South, and I am one of its corresponding editors ; I hav<^ had 
a pretty extensive correspondence with the preachers and leading men of tho Churcli^ 
and especially with the editor of that paper. 

^ Question. 1 do not want to go into details, but I want to ask you the general ques- 
tion, whether from your knowledge of the affairs and proceedings of the Church in other 
Southern States, engaged in work similar to that you were engaged in, there was any 
general or violent opposition ? 
Answei'. I think there is very general. 

Question. Do you mean to include the past in that; to say that there has been, an^l 
that there is, very general opposition ? 

Answer. I mean to say there has been and is. 

Question. Has it been manifested more or less in the same way by acts of violence ? 
Answer. To some considerable extent. 

By Mr. Coburn : 

Question. Is there any radical difl'erence, and if so, what is it, between tho disci- 
plme and doctrmes of the Methodist Einscopal Church South and the Methodist Epis- 
copal Church ? 

Answer. There is no difference in the doctrines and in tho general economy of the 
church ; there may bo some little changes adapted to the different sections of the conn- 



ALABAMA. 



131 



try. The Methodist Episcopal Church retained the opposition to slavery ; the Meth- 
tuii.st Episcopal Church South obliterated it from the discipline. 

T3y Mr. Ste\'ENSOX : 
Question. They differed merely on the question of slavery ? 
Ansu'iT. Yes, sir ; that was the ground of the split. 

By 31r. Coburn : 

Qncsiwn. Is there any difference now that slavery has been abolished ? 
Ansinr. No, sir. Thc^ doctrines and discipline, and very generally the usage and 
economy, are the same — some verbal differences. 

(Question. Have they restored tlie old article in relation to slavery? 
Antiwer. The Southern Church "if 
(Jncy^iioit. Yes. 
Au^iii'tr. Xo, sir. 

nuci^iion. What is, then, the difference between the churches now ; is it a question 
of loyalty or disloyalty, or denu)cracy or repuldicanism ? Is it i)olitical, or is it relig- 
ious, in other wonls; that is Avhat I want to bring your mind to 

Amivcr. I think it is both ; it is a mixed ([uestion. At the general conf<M-ence. al'ter 
the surrender, of the ^letliodist E])iscoi)al Church, the general conference reciuested 
the bencli of bishops of th<^ Methodist E})is('()pal Church to confer witli the bishops of 
the ^Methodist E})iscopal Church South, and propose terms of union. The l»is]i()i)s of 
th(^ MetluKlist Cliurch South threw thcms(dves u])on the old issues an<l rcj{M't(>d the 
overture. At the last session of the general conference of the Methodist Ei)iscopal 
Church a connuissiou was ap])()inted to meet the general conference of the ^^Irtliodist 
Episcoi)al Church South, and again proi)os(^ formal terms of union, liishop .laynesand 
Dr. Harris were tlu^ commissioners. Tlu^vmet the general conference in Mcmi)]iis; they 
wen* receiv<'d very coi'dially, but the announcement was made and concurred in by the 
general conference tliat it \vas essential for the existence of the Methodist Episcopal 
Church South to have two sejiarate organizations. 

By :SIr. Stevenson : * 
Qucsilon. That was in the conference of the Methodist Episcopal Church South? 
Aufiiccr. Yes, sir. 

By Mr. Van Trump: 

Qacfition. Had they not, betbrc^ the war, had a very gn^at and excitinl eontroversy in 
the courts, and in the Sui)reme Court of the United States, in regard to the division of 
the property botwiM'U the two organizations { 

Ansinr. Yes, sir. As soon as the general conference of the M<'th()dist E])isco])al 
Clmrcli South was organiz(Ml th<\v institnt*'rl ])rocpedings in the courts lor their por- 
tion of the funds of the church, and they had to prosecute in the States where the 
])ro])erty was held. 

(Jacsilmi. I merely want to show that then^ was a controversy b(»t\veen the two 
churches before there were any political troubles. Was that not really the lirst blow 
against the arch of the union that occurred in the whole history of the matter / 

An.'ili'cr. It was a very heavy blow. 

By :Mr. Stevenson : 

Qucf^iioii. You were going on to make a statement in regard to the case of Blair. 

Answer. Yes, sir. Here is the aftidavit in that ease. (Sec "C," attached to this testi- 
mony, page I4S.) He was taken from his house — from his father, mother, brother, and 
sisters— and whipped: his legs were slit 0])(^n on three sides on his thighs; the calves 
of his legs were slit oi)en on two sides; the bottoms of his feet were slit op<m ; and 
then there were cuts made across both legs. 

By Mr. Pool : 
Qucsiwn. Cuts with a knife ? 
Answer. AVith some shari)-cuttiug instrument. 

By Mr. Blair: 
Question. ^Vhere did he live ? 

Answer. In ^Madison County, near the little town of Vienna, on the Tennessee River. 
It was done by disguised men. 
Question. ^Vas he a preacher? 

Answer. No, sir; he was a laboring man. He was thrown into spasms. He was 
brought into Huntsvilleon a stretcher, carried into the grand-jury room, and exhibited 
to the grand jury. He was subject to violent spasms, and about three months after 
he died in one of those spasms. 

IW ]Mr. Stevenson : 
Question. Had he been subject to spasms before ? 
Ansiccr. No, sir ; he was a healthy boy. 



132 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



By Mr. Bl.vir : 

Question. What was he whipped for ? . , , . n., 

Answer. I do not know; there Wcas nothmpr alleged agamst him. The parties were 
all identified by the family, and they were all sworn to before the grand jury. 

By Mr. Pool: 
Question. Did they indict them ? 

Ansic€r. It was reported that they were all indicted. It was before the United States 
court, under the civil-rights bill. 

By 3ilr. Stevenson : 
Question. Have they been tried yet ? 

Anstver. No, sir. Tiiere never has been one of them tried in that court. I think 
there were some thirty-three indictments, as I learned from the foreman of the grand 
jury, and from one of his colleagues; and seven of those indictments were for man- 
slaughter and murder in the first degree. Judge Charlton, the foreman of the grand 
jury; came to Iluntsville to investigate, and told me he would go to the bottom of the 
aftair, asbut two had been arrested, and they were illicit distillers. Before Judge 
Charlton reached his home in Summerville he v/as clandestinely murdered, in Decatur, 
in the night, seven buck-shot entering his body. 

By Iilr. Van Thump : 

Question. Did you say that difficulty arose out of some illicit transactions in distil- 
ling? 

Answer. No, sir. I said but two of the party had been arrested, and they were illicit 
distillers. 

By the Chairman : 
Question. Two of those against whom indictments were found ? 
Answer. Yes, sir, of the thirty-odd. 

By Mr. Pool : 

Question. Have any of those parties who were indicted at that time been arrested at 
allf 

Ansxcer. No, sir. Their names are not on the marshal's books at all. There have 
been no capiases issued, and consequently no arrests and no trial. 

By Mr. Blair: 
Question. This was in the United States court ? 
Answer. Yes, sir. 

By ;Mr. Van Trump : 
Question. How long ago ? 
Answer. A year ago last fall. 

Question. Do you know the reason why they have not been prosecuted ? 

Answer. I think our courts in Alabama are a farce; not only afaree, but a mockery. 

Question. The United States courts ? 

Ansiver. I think all of them x^ut together are. 

By Mr. Pool : 

Question. Was it in the district or the circuit court of the United States, or do you 
inow ? AVliat judge was on the bench ? 
Answer. Judge Busteed. 

Question. Was any other judge sitting with him? 
Ansicer. No, sir. 

Question. Then it was the district court ? 

Answer. Yes, sir. I think there are three judicial districts, Mobile, Montgomery, 
and Iluntsville. 

Question. You mean three places of holding the United States court? 

Ansicer. Yes, sir. I hold in my hands written statements of outrages sworn to. 

By Mr. Blair : 
<^uc8tion. Do you know the parties ? 
Answer. I know a large number of them. 

By the Chairman : 
Question. State what cases you know. 

Answer. Here is the affidavit of ]SIary Campbel (see " D, attached to this testimony, 
page 149,) in the case of William Campbell, her husband. 

Question. Do you know the facts of the occurrence there set forth ? 
Answa\ Yes, sir. 



ALABAMA. 



133 



Question. State them. 

AnswiT. He resided in this Big Cove that I have referred to, in Madison County. He 
w'dH shot in the night, five times^ by disguised men ; once in the presence of his wife, and 
once the pistol was redthed around her to shoot him. 

By Mr. Van Thump: 

(JufHtion. Let us understand. You say you know all these facts. Of course you oau 
give the information you have got. How do you know of this transaction ? 
AvsH'cr, I was in tlie neighborhood, and pa.ssed through. 
Question. You were not present at the shooting f 
Answer. No, sir. 

Question. You know whtit you have heard others say ? 
Answer. 1 was not an eye-witn(*ss of it. 

Question. \Vluit yon know about it is from information from others ? 

^inswer. I was in the neighborhood ; 1 saw the widow of the murd(M-ed man ; I was 
in tlie neighliorliood, and J lieard the jx'ople who buried him talk of the oeeuricnee. 

Q)testion. As you proceed with each case consecutively, it will save t'lum if you will 
state? what you are testifying to of your own knowledge, and wliat on iuformatiou 
from others. 

^Inswer. This man Campbell was sliot and luurdered. 

By Mr. Stevenson : 
Qiiestion. AVho was lie ? 

Ansirer. A colored man ; an industrious, hard-vv'orking man, living on a ])lautation. 

(Juesiion. Was he prouiim-nt in any way ' 

^iusirer. Quite so; he was killed Just before the election. 

Qt(estion. \Vas he i)rouiincnt as a republican / 

.Inswer. Yes, sir; as a rei)ul)liean among the colored men. Prior Turner, of Hunts- 
ville, was shot. 1 did not see the shooting ; I saw the man, andstiw his weninds, and 
I sav»' the case as it was brought before the grand Jury. 

Question. AVho was \w ! 

Answer. A citizen of iluntsville ; a A ery hard-working, industrious colored ma!i. 
Question. Had he any i)rominen<'e ? 
Answer. Quite considerable. 
Question. As a reimblican ? 

Answer, Yes, sir; as a republican and as a man. 

By th(^ CiiAiKMAN : 
Question. When did that occur ? 

^Inswer. The date is in this paper. (See E," attached to this testimony, pag(^ If)!).) 

By !Mr. Van Tiu'mp : 
Question. You do not yourself recollect ! 
^l)iswer. Yes, sir ; I recollect the year ; it was in 1>^G8. 

By th(* Chairman : 

(JiU'^tion. In regard to all those cases in reference to which you have submitted 
aihdaN its, have you made such investigation as to satisfy you that the statements made 
are substantially correct ! 

Answer. Yes, sir; I am perfectly sangninc of that. 

By Mr. Blaui: 

Question. In whose handwriting are these affidavits ? I notice that they are all in 
one hand writing. 

Answer. They are in tlie handwriting of Mr. Wager, the Thireau ag<mt at Ilunts- 
ville. Here are two cases that occurred on one plantation. (See ''ly attached to this 
testimony, page 151.) I had the statement from the g(3ntleman himself, i Ko moi-n- 
ings after they were whipptMl, and I saw one of the men. Seven wen? whipped in one 
night <m the plantation of Mr. David Bush ; sev(m v>'ere whipped, three W(;re shot, and 
one was munlered. X was taken to see him ; he was lacerated all over, and his Ixuly 
l)nncturcd with some four or live bullets, lie Avas living when I saw liim, l)ut died a 
few days after. 

By Mr. CoiiUPtN : 

Question. Did lie make any statement to you while in this dying condition ? 
Answer. I talked with him. 
Question. What did he say i 

A)tswcr. He said there were some thirty or forty disguised men who came into hi-; 
Ik^usc, took his gun and broke it, took him out one side and beat him, and then shot 
him, and persons on the plantation carri(;d him in. 

(Juestion. At the time he made ibis statement was be in the prospect of death 



134 CONDTnON OF AFFAIRS IN THE SOUTHERN STATES. 



Ansicer. Yr3, sir; riorlitiu the jaws of death. 

Question. He made that statciiient with the understanding that his wounds were 

^^^Ansivc" . Yes, sir ; and it was concurred in hy Mr. Bush, who saw some of the parties 
whippe'i. They were all on his plantation and they scattered in every direction. 

By Mr. Pool : 

Question. How many do you say wore whipped at the same lime ? 

Antrim'. There were seven whipped, three shot, and one killed, named Williams. 

Question. Did Williams identify any of the men who did it ? 

Answer. No, sir ; he did not know any of them. 

By the CnAiRMAN : 

Question. Does this embrace the number of persons whose affidavits you are in pos- 
session of, and which cases you have examined so as to be satisfied that these state- 
ments are correct ? 

Ansivc7\ Yes, sir. 

Question. State whether your attention has been directed to the number of i:)ersons 
in various counties who have been subjected to these outrages, and if you have made 
a summary of how many they are, including those you have mentioned in your 
testimony. 

Answer. It would be very difficult for me to tell, as I have traveled over nearly every 
county north of Montgomery, in my saddle; with the cares of my church resting on my 
mind, it would have been very difficult for me to have recorded all the numerous in- 
stances that came to my knowledge. I was careful to keep a record in my diary of what 
I regarded as authentic, and to put down none that I regarded as doubtful. 

Question. Taking the various counties, give us a summary of what you have so re- 
corded; you need not give the names. 

Answer. I have taken down Madison, Jackson, Limestone, Morgan, Blount, and 
Marshall Counties. 

Question. Give a summary of the result of your examination, beginning first with 
Madison County. 

Answer. At the time I was getting out of the way I got into the creek and got my 
book wet, so that the entries are somewhat blurred ; in 'Madison County there were 
sixty-one cases. 

Question. Between what dates? 

Answer, From 1868 to 1871. 

By Mr. Coburn : 

Question. Do you mean including 1871 up to this time? 
Answer. Yes, sir. 

By Mr. Pool : 
Question. Have there been any in 1871 ? 

Answer. Yes, sir ; they are going on now, or were when I left home. They were 
raiding constantly. In Jackson County were forty cases. 

By the Ciiair:man : 
Question. Between the same dates ? 

Answer. Yes, sir ; there were seven killed in Madison among the sixty-one cases. In 
Limestone County were thirty-six cases, of whom six were killed. 
Question. The six are included in the thirty-six? 
Answer. Yes, sir. 

By Mr. Pool: 
Question. How about Jackson? 

Answer. There were thirty-one punished and six killed there. In Blount County 
seventy-one wevQ punished; six killed; in Marshall County there were seventv-six 
punished and seven killed; in Morgan County fifty-seven were punished and eight 
killed. 

B^^ Mr. Blair : 
Question. Have you the names in that memorandum-book 

Answer. Not all in all the counties; some have been blurred or obliterated so that I 
have been compelled to transfer them. 

By ^Ir. Van Trump : 

Question. How came you to state awhile ago that there were forty cases in Jackson 
County? 
Answer. I made a mistake. 



ALABAMA. 



135 



By Mr. Coburn : 

Question, Were these more violent eases of outrage x^trpetrated by ^Yhat are called 
Kii-ICViix or disguised men ? 

A))su-c)\ In every instance I have recorded there it has been by disguised men; I have 
recorded no other instances. 

By Mr. Van Trump 
Question. Is this your original memorandum-book or a transcript ? 
Answer. I have had some of my manuscripts burned, Avhen my house was burned, and 
I had to take some of these from scraps as I gathered them or had tliem in my jiossession. 
Qnestion. Then this is but a transcript from the original memorandum 
Answer. Yes, sir ; and some additions made here. 

Question. How does it happen that this all ai)pears to be written at one time? 
^inswer. I stated that I drew it from rough memoranda and inaHns('rii>t. 
Quei^tion. Then there is no part of this b ')ok which is original nu*moranda? 
A}iswer. No, sir; but I assert that it is a true copy of what I gathered as I traveled 
through the country. 

Question. Did you take down the first casr of all that you heard of when you went 
to Alabama ? 

^Ijisnrr. I did not take them down for some little time. 

Question. After how long a times how many easels had occurred and come to your 
knowledge before you began to make a record of themf 

^Inswer. On my return from my refageeing in the mountains; I tlK'U began to keep 
a memorandnm in regard to certain localities. 

Question. In what year did this refugeeing condition of things occur ? 

^tnsu'tr. It wa^s a few days after tlie presidential election. 

Question. When did you go to Alabama ? 

^Inswer. In tlie autnnni alter the surrender; but there was no Ku-Klux then. 
(Question. There was no distni'banee of any kind ? 
Answer. Xot at all. 

Question. Yon went there as a gospel minister ? 
Answer. Yes, sir. 

Question. And from l'-^()5 to when was tluu'e entire harmony and peace ? 
jlnsn-er. Up to near the i)residential election, or during the spring and the suninn'r 
preceding. 

Question. And it was at that period that you were a refugee ? 

Answer. Yes, sir; after tlu^ ])resident ial (dection I was two months in the mountains, 
and after that I commenced making a record, and then I recoided the facts. 

Question. How long ]u-ior to that i)residi'ntial election did these things b(»gin to 
occur ? 

^inswer. They commenced about March and A])ril. 

Question. Seven or eight months prior to the presidential election, then ? 
Answer. Yes, sir. 

Questio)i. And you did not commence to make memoranda or to keep any record of 
these things until two or three months after the eleetit)n ? 
Answer. Xo, sir. 

Question. Nearly a year passed, then, before you began to think it was your duty to 
kec]) a record of the state of things in ^Vlabama? 
Answer. Not that length of time. 
Que.'^tion. Well, some nine mouths ? 
^Inswer. Yes, sir. 

Question. Did these things occur frequently prior to the presidential election ? 
Answer. Quite frequently. 

Question. Why did it not strike you that you ought to keep a memorandum of those 
things ? 

Answer. I do not think of any x^articular reason ; men do some things without any 
l>artieTdar reason for them ; Imt it began to occur to me that they were so frequent that 
I would look after them and keep a memorandum of them. 

Question. That is, two or three months after tlie presidential election, and after all the 
excitement which that election would naturally produce everywhere in the country 
had begun to pass away, you then began to think it was time to make a memorandum 
of these things ? 

Answer. Yes, sir ; I will sav this: that I regard that as a verv moderate estimate f*)r 
the State. 

Quest io}i. It does not come up to the facts, then ? 

Answer. I think it a very moderate estimate for these reasons: I heard of whii)pings 
and hangings in ditierent places, many that I have not recorded there. 
Question. In these special counties ? 
Answer. O, yes, sir. 

Question. Murders which you have not recorded ? 



136 CONDITIOX OF 'AFFAIRS IN THE SOUTHERN STATES. 



Answer, Yes, sir; one man hung by the name of Smith. 

Ojifs/mw. How many more murders? , , . 1 1 i 

Answer. There was a Mr. Fi-ancis, a school-teacher, ami a blacksmith, and several 

^^^Question. Why did you not put them down in this record ? 

Answer. I could not testify to them, and by some means or other they escaped me, 
and I would not make any fresh entry. ^ ^ ^ . ^ ^ ^i. t . 

Question. You cannot testify positively to the facts in most of the cases on the list 
here ? 

Answer. No sir, I cannot positively; but they are well-attested cases that occurred 
in nei"-hborhood8 through which I have traveled, and of which 1 have no earthly doubt. 
Then there is this fact : there is such terror on the people that many are whipped and 
dare not name it ; they are threatened to be murdered,,to be burned up, to be outraged, 
if they mention it. , . ^. . -, ^ « 

Question. That is the reason why you think this list is a moderate one 1 

Answer. Yes, sir. . . -, - . » 

Question. How often have you held church services in Alabama, religions services ? 

Answer. I cannot tell you. 

Question. Is the number almost beyond your recollection, innumerable ? 

Answer. Where I have held cliurches ? . 

Question. Yes, religious services, publicly? 

Answer. I have been a very industrious laborer. 

Question. Has it been as often as once a week? 

Answer. I should think so. 

Question. During these five years and eight months ? 
Answer. Yes, sir. 

Question. Were any of your services, your public meetings, ever broken up ? 

Answer. No, sir; in several instances I have been notified thatit would not be safe, 
and I have not gone to my appointments. 

Question. I know you have testified so ; now, if these men were so persistent and deli}>- 
crate in seeking your life, have they not had a number of opportunities to accomplish 
that result ? 

Answer. Yes, sir. 

Question. At the times they have come to your meetings there has always been some 
inteiiiositiou of Providence, or something else, at least a remarkable array of circum- 
stances by which you have escaped ? 

Answer. Yes, sir. 

Question. You are holding meetings there yet, are you not? 
Answer. No, sir. 

Question. How long since you ccasedi 

Answer. On my return from the March and April tour I determined never to make 
another tour on the circuit; my in-esence in the neighborhood was a matter of terror 
and alarm. 

Question. Then, if I understand you, there is more terror and a more desperate state 
of things in Alabama at this moment than there has been at any previous time during 
the five years and eight months you have been in Alabama ? 

Ansicer. I did not say that. At the time 1 ceased my labors, when I made my last 
tour around my district, I was in more peril than in any other I have ever made there. 

Question. Tliat was how long ago ? 

Answer. 1 closed out in April. I wish to name three other circumstances that escaped 
me. I have been very ill. I have not been so ill before for twenty years as I have been 
since I have been here, and my memory does not serve me as readily as it would under 
other circumstances. I may get tilings a little out of place. In the month of August, 
18G9, 1 was traveling through along piece of woods when a rifle-bullet passed by my ear, 
cutting through my whiskers, which were a little longer then than they are now. I 
saw the smoke of a gun from behind a large oak tree. I wheeled my horse and rode 
up, and found a man there who was trembling and shaking. 

Question. Were you alone ? 

Answer. Yes, sir. 

Question, Unarmed ? 

Answer, Yes, sir. I came rapidly on him as Jie was trying to reload his gun. lie 
thought ho was going to be killed. He knew that ho deserved it, and begged piteously 
for lile. I made him go down to the road. 

Question. You had him completely under your control ? 

Answer. Yes, sir. 1 carried him with me about a mile and a half, until I came into 
an open lot so that I knew he could not hurt me, and then let him go. He gave me 
bis name, but it was a fictitious one. 

Question. How do you know that ? 

Answer. I described the man to i)eoplc who knew him, and a week after that he left 
he country. 



ALABAMA. 



137 



Question. Was he disguised then ? 
Answi)\ Xo, sir. 

Qnesfiou. Had he any pistol or bowie-kuife about him ? 
Ansiver. Not that I know of. 

By Jlr. Stevenson : 
Quc^flou, He was disguised ])y the tree when he fired ? 
Ansiver, Yes, sir. 

By Mr. Van Tjju.^ip : 
Quesiion. AVliy did yon not tak(' him before an offieer of justice ? 

Answer. I did' not know that I shouhl ever live to get tliere with a prisoner, and I 
have no ccmfuhMiee in tlie courts of justice tliere. I would not i)rosecute a man ; I 
Avouhl not complain of a man to a grand jury, whatever he might do. 

Question. You say you have several other cases. Before I go to another point you 
can state them. 

By Mr. Pool: 

Question. Before you leave this case, what did that man's real name turn out to be? 
Answer. I do not remember In^ name now. 

By ]Mr. Van Tju mp : 
()ues{ion. Did you know him before that ? ^ 
Answer. 1 had never seen him before. 
Question. Could he jiossiblv have known yon ? 
Answer. Yes, sir ; I think he did; he had }>een to my meetings. 

By :Mr. Pool: 
Question. Was he a white man / 

Answer. Yes, sir, lie was a whit(^ man; a slim, long-haired, hollow-eyed, sallow -look- 
ing tellow. lie was said t(j have l)een a very ])ad man through iho war. 

By Mr. C()r,UJ:N : 
(Jue.'ition. How far from there had you pi'cached ? 
^iuswer. About live miles. 

By Mr. Bool: 

Question. What reason did In^ give for shooting at you ? 

Answer. He said he shot at a s(piirrel, <lid not shoot at me. But that was a very op(^n 
piece, /md you could see a man for two hundred yards. 1 was in sight at least two 
innidred yards. 

r>y Mr. liLAiii : 
Question. Wlu^re was tliat ? 

Answer. In Bdonnt County. In the month of November ftdlowing I was riding 
through a i)iece of woods, and a man iired on me from a ])oint of rocks, at an ,'ingle of 
about four degrees; th(0)all just clipped over my shoulder, zip! I saw him get up 
from 1)ehind the rock and go over across the ridge and run oil. 

r>y Mr. Van Thump : 

(ine-'^tiou. Did you not begin to think that if there was any time when it was prudent 
t-o stop your travels it was just about that time, two years ago ? 
Answer. 1 thought it was time to say my prayers. 
Question. Still you kept on two years longer, or a year longer? 

Answer. Yes, sir. In the moutli of D(H'(Mnber, 1H()S, on a Friday, it was intensely 
rainy, and I was unabh^ to travcd. I had twenty miles to go to reach my quarterly 
meeting. I started the next morning, a little before day. The moon was shining. 
About a mile fn)m the house, at a causeway in the pike, a cap was suapi)ed within live 
paces of nu^, and a man ran olY like a deer through the woods with his gun in his 
hands. 

Question. These are the three instances you wanted to state? 
Answer. Yes, sir. 

Question. Now, to go back for a fcnv moments to where you started. You say cpiite a 
nuni])er of leading men told you that they would never submit to the Government, 
because their slaves had lieeu iuad<^ their rulers. That is about the substance of what 
you said, I believe. When was that ? 

Answer. That was in the last of winter and in the spring of 1867. 

Quesiion. Were those gcMitkMuen republicans or democrats ? 

^Insieer. I judged from the general tone of their conversation that they were demo- 
crats. 

Question. Were you not acquainted with them ? 



138 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Answer, No, sir ; I had never seen tlicm before. 

Question. How many gentlemen of that sort, prominent leading men, spoke to you in 

that way ? . t i i 

Aimvei'. I should suppose, scattered over the distance I traveled, a dozen. 

Question. Was it on any particular trip that you were making in your religious 
vocations, or was it on several trips ? 

Answer. It was on a trip for one single purpose, to distribute the moneys belonging 
to t^ie different presiding elders and the preachers under them. 

Question. Then it was on that trip, for that purpose, that these men told you these 
things ? 

Answer. Yes, sir. 

Question. In what county or counties did it occur? 

Answer. I should suppose, as I was traveling through the country, (I made no par- 
ticular record of it,) that it was in Calhoun, Tallapoosa, Talladega, and various other 
eonnties. I do not know that I could name them all, for I was traveling zigzag over 
the country. 

Qitestion. These men were strangers to you as you were passing through there ? 
Answer. Yes, sir; total strangers. 

Question. How did you happen to stop and get into conversation with them? 

Anstver. I was traveling and put up with them over night ; introduced myself as a 
Methodist preacher, and during the conversations we had these matters were spoken of 
very freely, as they were uppermost in their minds. 

Question. Do you say that you do not know the name of a single man of all those 
who made that declaration to you ? 

Answer. No, sir ; I do not now know the name of one of them ; I made no record of 
their names. 

Question. Did it not strike you with surprise that they should make such declarations ? 
Answer. Somewhat so. 

Question. Why did you not keep a record of that state of facts as you did of these 
others? You had your book with you? 
Answer. I had a diary. 
Question. You did not make that record ? 
Ansiver. No, sir. 

Question. You did not know their names ? 

Answer, I knew tbeir names at the time, but in the crowd of matters that have come 
up in the years since then their names have been crowded out of my memory. 
Question. You knew their names at the time ? 
Answer. Yes, sir. 

Question. How many instances of that sort occurred? 
Answer. I should suppose in the neighborhood of a dozen. 
Question. And not a single name can you recall now? 

Aiiswei: There is this to be said: I should hesitate some time before I would give a 
name under the circumstances, though I state positively that I do not remember a . 
name. But if I did I should hesitate a little, because I might embarrass the position 
of those men if this evidence should come out. 

Question. You would fear for those men ? 

Answer. I would fear for those men. 

By Mr. Pool : 

Question. You do not expect to go back there ? * 
Ansivcr. 1 have virtually resigned my relation to that district, and so notified mv ^ 
bishop, and he has virtually released me, though I still hold the relation to my confer- 
ence and district. 

By Mr. VAX Trump: 

Question. I understood you to say that, notwithstanding those gentlemen were stran- 
gers to you and you to them, they said there was an organization that would regulate . 
this whole matter? ^ x 

Answer. Yes, sir. 

Question. Aud that you asked how it was to be done, and thevsaid that a man would 
drop (lead hero and another there, a<id so numerous would be the cases of that sort 
that It would overwhelm and overawe the judiciary of the country. That was about 
the substance of what you said ? ^ j 

Answer. Yes, sir ; that is about the substance. 

Question. Am\ when you got back to Huntsvillo from that same trip, you first heard 
of the Ku-Klux organization ? 

Answer. Yes, sir. , 

niif f ^"'l??" ^'^^"^"^ "^'^V '™azement of an organization that corresponded ex- 
actly with what those men said was to be ? 

Answer. Yes, sir. • • 

Question. How long were you on that trip ? 

Answer. I traveled six hundred and fifty miles in my saddle, overbad roads. 



ALABAMA. 



139 



Question. Yon were not on a preaching tour, but stopped to distribute documents ? 
Aui^wer. To distribute funds. 

Question. Did you get back in the course of five or six weeks ? 

AnsH'o: I cannot state the time. I was busy during the whole time. I do not re- 
mi^mbcr the exact tune. I was very active. 

QiKstion. f lave yon any idea of about what time it was ? 
Atisiver. No, sii\ 

By Stevexsox : 
Qncfition. Can you give us the date when you started on that trip ? 
Answer. It was about the middle of February, 1867. 
Question. You are distinct in your recollection about that ? 
Answer. I am pretty distinct about that. 

By ^Ir. Pool : 
Question. How was your house burned ? 
Answer. It was burned with fire, and very rai)idly, too. 
Question. Who l)urne(l it ? State the circumstances. 

Answer. I was not at home at the time. It was reported to have taken fin^ by acci- 
dent, and yet it was very mysterious. 

By ]SIr. Yax Tiiu:mp : 
Question. In the city of Iluntsville ? 

Answer. Yes, sir ; no assistance was rcMidercd. and my family reported to me, and so did 
the tea<'liers. I obtained assistance from tbe church, and some aid from the bureau, 
and built a very hue seminary of learning, whieh cost about ."^10,000, for the education 
of teachers ; a normal scliool in Ilnntsvilh'. My house had been the lionse of the 
teachers, and they informed me, wlien I got home, that tlu^ l)eople wonhl laugh and 
jeer, and not lift a linger to help, and said that all they regretted was that the whole 
danui nest of nigger preachers and teacbei's was not burned up with the house. 

Question. This is the information you got after you got back ? 

Ansi':er. Yes, sir. 

By Mr. Stevexsox : 
Question. Who said that ? 
^ Answer. The crowd that canie around 

By Mr. Yax Trump : 
Question. AYhat time of day? 
Answer. Early in the morning. 

Question. After the people had all arisen from their slumbers? 
Answer. Yes, sir. 

By ^Ir. Blair : 
Question. Yourlamily were at home? 
Answer. Yes, sir. 

By ]Mr. Pool : 
Question. Was it the seminary that was burned ? 
Answer. Xo, sir; a private house. 

P>y Mr. Yax Trump : 
Question. Was there any fire-engine in Iluntsville ? 
Answer. Yes, sir; ])nt they did not get there in time. 
Question. They did come ? 

Answer. Yes. sir; but the building was too far gone. 

Qufsiion. You thought they were rather slow coming? That is 3'our general impres- 
sion ? 

Answer. Yes, sir; that is my impression. I will state one fact more. There have been 
six churches burned in my district by incendiaries, and four of them — three colored and 
one wliite — within the si)ace of four weeks preceding the congressional election last 
summer. Here is a description of the shooting into my house, of which I S]K)ke. [See 
''(t." attached to this testimony, page 1,73.] And here is a notice of the action of 
Governor Lindsay. I merely name it. 

By Mr. Stevexsox : 
Question. Does that relate to the shooting into your house ? 
Answer. No, sir. 

The paragraph is as follows : 

" From the Iluntsville Advocate, May 27, 1871. 
^'The governor at last has offered §">00 reward each for Howell Jones and Geo. Blan- 



140 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



cett clmmMl, as tlisgiiisea men, with whipping Wm. Harper in Jackson County about 
ono month ago. Also ^200 each for James and Preston Le well en, H. C Lawless, Geo. 
Wann, and Burn Barber, charged (as disguised men) with killing Sam'l Gates on 2oth 
January."] 

By Mr. Van Tkump : 

OuesUon. How does that relate to the testimony you have given ? 

Answer. I only showed it to you, as I thought we were about closing out my testi 
mony, to show how matters are (^oing on iu Alabama. 

Qucstwn. If you want to have it in your testimony 

Ansu'ir. I do not know anything about it. 

By tho CiiAiKMAN : 
Question. You know nothing about it ? 
Ansictr. No, sir. 

By Ur. Van Tkump : 
Question. You do not admire Governor Lindsay very much. 

Answer. Ho is a very gentlemanly, faif-minded man. I showed that to show that 
Governor Lindsay is making some efibrts to stop these things. 
Question. 1 understood you to offer it in a very different light. 
Answer. No, sir. 

Question. You said you handed it to me to show how things were done. I supposed 
it was a sort of criticism on Governor Lindsay's acts. 
Answer. No, sir; I intended it the other way entirely. 

By Mr. Stevenson : 
Question. What is this i^aper, the Huntsvillo Advocate? 

Answer. It is a republican paper, and a very prudent, cautious sheet. I introduo(^d 
this to show that Governor Lindsay was taking some pains and making some efforts to 
ferret out and arrest this state of affairs. 

By Mr. Van Trump : 
Question. I merely misapprehended your object. 
Answer. That was my object. 

By Mr. Stevenson : 

Question. What knowledge have you from general information as to whether any 
school-houses have been destroyed or attacked in Alabama during the time covered by 
your testimony ? 

An8wci\ I have passed tho ruins of probably a half dozen colored school-houses that 
have been burned. 

Qj/csfJOH. In your district? 
Ariswcr. In my district; yes, sir. 

Question. Have you heard of any others being burned ; I mean have you been credibly 
informed so by persons in the neighborhood? 

Ansiver. I think that has occurred in almost every portion of North Alabama ; I am 
n(jt so well acquainted in South Alabama, but I think it has occurred pretty generally 
throughout North Alabama. 

Question. How was it understood that these school-houses had been burned ? 

Answa\ By incendiaries; by persons opposed to the education of tho colored peoiila 

Question. Did it appear whether any of tho persons who burned them were in dis^- 
guise ? 

Answer. It was not known ; they were burned in the night clandestinely. 
Question. Was that tho case with the churches ? 
Answer. Yes, sir. 

Question. Was there any marked hostility exhibited toward school-teachers ? 

Answer. Very great hostility. ^ 

Question. In all the cases you have mentioned, I believe you have specified ono or tw^ 
instances of outrages committed upon school-teachers ; were any of the others school 
teachers, so far as you know ? 

Answer. None of those I havo named. A white man in Morgan County was beatei 
and driven off. 

Question. When was that ? 

Answer. That was in tho fall of 1868. I think there has been a very deep-set tle( 
opposition and hostility to tho education of tho colored people; but I^thinkwoan 
improving in that respect; I think that opposition is greatly weakened, and that then 
is a better feeling on that subject. 

Question. What is your opinion of other portions of tho State in regard to the destruc 
tion of cliurches ? I believe you have spoken upon that point exclusively in regard t( 
your own district. 



ALABAMA. 



141 



Answer. I have heard of a great maDy others; I have no evideuco of it except from 
n('wsi)apers and from general report. 

(Jim;fion. From your communications with the church ? 
Anm'cr. Yes, sir. 

Question. How were those churches generally built ? 

Anm-er. Some of them were built preceding the division, and belonged to the old 
Methodist Episcopal Churchy and by the division fell to the Methodist Episcopal Church 
South. 

By Mr. Van Trump : 
Question. IIow did you get possession of them ? 

Ansicer. In many instances the whole congregation came over to us^and as they were 
not occupied l)y anybody else, we occupied them. 

Qiiesdon. Was there any conllict between different congregations in regard to getting 
possession of churches ? 

Ansiver. Not one of those which has been burned in my district. The white church 
I referred to, as one of the four burned last summer, was biiilt by the citizens within 
the hist three years. 

By Mr. Stevexsox : 
Question. By the congregation after it was organized ? 

Ans'wer. Yes, sii-; and so with regard to all tlie colored school-houses. You will have 
to make a little allowance ; our churches tlK^re are sometimes very ci iide affairs. 
They are bnilt up of rude, cnule logs ; and what they would call boards we would call 
staves. 

By Mr. Yax Trump : 
Question. Chip-boards, wo call them in Oliio ? 

^l)tsurr. Yes, sir ; and from slO and .^.jO to $75 would bnild one of them. And the 
colored peo})l(^ would i)ut up very crude log-pens for school-houses, that would bo 
worth 8'25 or "r^M) ; but they would answer their i)urpose. 

Question. The colored pcoi)le put them up themselves ? 

Ansu-er. Yes, sir. 

Question. All the houses down there, as a general rule, are not very substantial ? 
Answer. They are very crude. 

By Mr. Blair : 

Question. Does it not happen occasionally in that wild country that these churches 
are used at night by travelers passing through ? 

Answer. Not there ; they are not on the roads ti'avcled. "What you have said is the 
case to a very great extent, but not in regard to the colored churches ; I have never 
known travellers to put up in them. In the South they have no public houses in the 
country, and those engaged in teaming generally go pr<'pared to camp out, carrying 
their own piovisions, which they prefer, and sto}) nowhere at private houses, unless it 
is a stormy night, or something of that sort. 

(Jue^^tion. In such cases, I sui)pose, they frequently avail themselves of the shelter of 
the churches ! 

A)fsw(r. Yes, sir; if in the neighborhood of them. 

Que>iiion. And in that Avay their destruction occasionally occurs ? 

jin.swer. That was not the case in either of these instances, because they were not on 
roads wliere they traveled. 

Question. There nnist b(^ travelers all through the country ? 

Answer. There were no travelers there when they were burned. 

By Mr. Stevexsox : 

Question. Did you ever hear their destruction, in any case, attributed to that cause 
by anyhody ? 
Answer. Xever. 

By Mr. Pool : 

Question. Were any churches burned of any other denomination ? 
Answer. Xo, sir. 

By Mr. Yax Trump : 

(hiestion.^ While on the subject of burning, let me inquire of you w^ith regard to the 
burnhig of your own house. You said the hre in your house occurred in the morning ? 
Answer. Yes, sir. 
Question. About what time ? 

Antiwer. I am not positive whether it was at 12 o'clock or soon after breakfast ; it 
was either soon after dinner or soon after breakfast. 

Question. After peo^^le were all up and at their business ? 



142 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Answer. Yos, sir. 

OHcs/iai^ What members of your family were there? ^ , xi ^ a. 

3w.?icm I thiukbut two members, my wife and only daughter, and the teachers; 
probably four teachers were stopping at the house. ^ ^ . ^ . ^ 

(,)M<'s<fOH. Where did tho fire occur; in what part of the building? home ot the 
members of the family must have noticed. ^ , -. . -. ^ ^ 

Answer. It was first seen breaking out of a window ; the fire had extended so tar 
they could not tell exactly where it began. , ^ , 

(^ucstioit. It was a very rapid conflagration from tho first moment it was discovered i 

Answer. Yes, sir. 

Question. W\i8 it a wood or a brick house ? ^ , . ^ . 

Answer. All of our buildiugs there are principally of this lat pmo; there was a wind 
blowing, and it went like tinder. . , ^i. ^ , 

Question. Will you state here as a witness that you have any idea that house was 
fired by an incendiary ? . mi • • 

Answer. I have no settled opinion myself upon that subject. There were suspicions, 
but I give the best construction ; I do not believe it was. 

Question. Huntsvillo is quite a largo town ? 

Answer. Yes, sir. 

Question. Did you live in a thickly-populated part of the town ? 

Answer. No, sir ; I was near tho square, where there were but few buildings: there 
were vacant lots around me. 

Question. Nobody could have got up into the upper story of that building and set fire 
to it that morning without some member of the family knowing it ? 

Answer. They might have come in from the rear, but I do not regard it probable. 

By the Chaihmax : 

Question. You give it as your opinion that it was not burned by an incendiary? 
Answer. I give it as my opinion that it was not. 

By Mr. Blair : 

Question* I notice in this account in the paper G," attached to this testimony, 
page 153,] of the shot fired into your house, that one of the upper panes of tho upi)er 
^ash of the bow window was broken " by the shot ; was that so ? 

Answer. The window was on a line with the street, and the firing was in a direct 
line with the fireplace in the room. The shot struck over the center of the window, 
covering tho whole window down to the center. 

Question. None of the shot were lower down ? 

Answa\ I think tbere was one about six inches below tbe center, and then from that 
ranging up to the top of tho window. 

Question. That would all be above tho head of a person standing, would it not ? 
Ansicei'. No, sir ; it would have struck me standing. 
Question. If you had been directly at the window ? 

Answer. If I had been directly at tho window, and standing, it might have struck me. 
Question. They ranged up, did they? 

Avsiver. Yes, sir ; they rather ranged up and struck in the wall rather high ; I think 
but one struck the ceiling above the wall. 
Question. The shot ranging upward ? 

Answer. Yes, sir ; the house was a little up above the level of the street. 
Question. The statement in tho paper goes on to say that this shot evidently was not 
intended to kill, because of its being fired at such an elevation. , 
Answer. You wiU have to take that description with some grains of allowance. ,j 

By Mr, Van Trump : 
Question. Why? 
By Mr Blair : 

Question. \Vhat I want to ^et at are tho actual facts of tho case, because those facts 
fell under your own observation, as you were therein the room, and saw where the shofr 
struck, and tho course and direction they took. It was impossible to have struck a per-"* 
son with that shot, unless he was standing directly at the window, because they struck 
high on the window and ranged upward ? 

Answer. Yes, sir. 

Question. Now, in arguing from that fact, this newspaper says that it was either fired 
by a very bad marksmau 

Answe7\ Yes ; or that ho did not intend to kill. There is another paper, I think, that 
has an account of it. 

Question. That is a fact to which I wish to draw your attention. You say there was 
a ligbt in tbe window, and from tho description which you gave of it, it is evident 
that a person could be seen tbrough the window although the blinds were closed. Did 
you not say thafc? 



ALABAMA. 



Anmer, Xo, sir; yoii could not soe a i)erson ; yon coukl see tbe liglit. 

Qimtiou, What I wanted to get at was whether it was a natural inference, to be 
drawn from nil the surroundin*^ circumstances, that the shot was calculat(Hl rather to 
alarm you than to injure you. 

A)t8n-cr. The fact that persons were in the rear with guns at present arms/' the 
aim of the gun lired, and the report they circulated subsequently that I was killed, all 
forced the conclusion upon my mind tliat the intention was to kill me. It is a well- 
known fact with all marksmen — perhaps you are not so well acquainted with hunting 
as some arc — that in shooting in the night, all men, unless they i\n^ experts, always 
shoot over. In shooting at a deer in the night, or at a turkey, or at anything of that 
sort, a marksman is pretty sure to shoot over unless he is an exi)ert, and allows for tbe 
darkness of the night. I account for the shooting over in that way. 

QhcsHoh. You think it was intended to take your life? 

Anmccr. I believe it was intended to take my life ; and from the subsequent fact that 
I was notilied to leave the iilace. : 

Quef^ihn. Now, do you think it is a ratioiml thing in a nnm who really hnd any design; 
to take your life, to shoot simply where he saw a light, and where he could not see^ 
your person ? 

Aiisnrr. I had been seated there until 7 o'clock — until after night-fall. 
Quvstion. The shot could not have hit yon where you had been seated ? 
^inanrr. The nnirksman shot over. 

(^)uv>it}o)f. Y(m assume that a mim who really designed to take your life would shoot 
wliere be hnd sei^i you some Iionrs previously, sinqjly because he saw a light there ? 
^In.sivcr. Not some houns*. 
(^^uvstioii. llow long l)ef()re ? 
AitHivvr. Not excee(ling sixty minutes. 
(jHcuiioH. That is an hour ? 
Answer. Yes, sir. 

Oucsiiou. Do you think that a person, who had any serious design to take a man's 
life, would act in that way ? 

Aiiiiiivcr, I do not wish to argue thesubj(^ct* but, as you argue the question, I will say 
tl)at tlie fact that 1 had been seated there until after dark, that my light remaimMl 
there the s;nne after th<' curtains were drawn, they could not sf (> me, \mi tlu-y conld 
see the light ; the tiring of the gnu after those fruitless atti'mpts, and snai)i)ing three 
ea])s, the ]>osition of tlie men in th<\var<l with guns at " ])res(mt arms," the only jjointsof 
egress from the honse being guarded, the announcement mad(^ that I had gone up,'' all 
that to me was evidence that they were making an attempt on my life. 

Qiiffitiou. I simply want to get your opinion of the matter under the circumstances / 

Anftivvr. One remark; that statement in the ])aper is not a faithful statement of tln^ 
facts. Mr. Clay, the editor of that pai)er, is a very heated, strong partisan ; remarkably 
so. You se<' he makes a remark there not favorable to me. lie has been a ]uost mortal 
and bittr'r enemy of me and my friends, and several very scurrilous and low-down 
articles in regard to me and my family have appeared in his paper. 

By Mr. Vax Trv^iv : 
QM('>ii'ion. You still say he does state the facts ? 

AuHwcr. lie states facts, but he throws in the remark that the mau who fired the 
shot was a bad marksman, or had no design to kill me. 

By Mr. Stevp:ns()x : 
Qnr-sfion. How wide was the street there? 

A)ts}vcr. I sni)pose the space between the house and the street is three f(?et, and from 
th(^ appearance and position of the mau who fired the shot, he was about the middle 
of the street. The soiled wadding of the gun was found at a point that indicated that 
he was in the middle of the street. 

By Mr. Blair : 
Question, Did you hear the caps snapped? 
Answer. Distinctly. 

By :Mr. Stevenson : 

Question. Suppose you had been seated at the window, where you had before been 
sitting, judging from the position where the man was, and where the shot struck, how 
high above your head would the shot have passed ? 

Answer. About three feet ? 

Quesiion. He would have missed you, then, by about three feet ? 
Answer. Yes, sir. 

By Mr. Blair: 

Question. Is it very rational to suppose that a man would continue to sit at the win- 
dow when he heard three caps exploded in the street, in that way ? 



144 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



Aimcer, I was not sitting at the wIdcIow. 

Question. "Well, argiiiug from the real occurrences as you suppose them to be; 
here is a man deliberating nmrder; ho snaps three caps at a closed window. Is it na- 
tural to suppose that the man would believe that his victim would remain seated or 
standing at a window at which ho was attempting to fire his gun ? 

Ansircr. I do not know how that is. The first cap startled me. 

Question, What did you do? 

Answer. I hesitated ; I was conversing, and I did not wish to show any alarm to my 
family. The second cap snapped, a very short space of time afterwards, as soon as a 
man could re-cap a gim. I remarked, " That is the crack of a whip ; " boys very fre- 
quently crack whips on a street they are traveling upon. Not hearing any footfalls or 
any wagons passing, my mind was agitated. The third explosion was a faint one ; the 
cap seemed to be a little defective. "0!"said I, "it is nothing but the crack of a 
whip." The family was all anxious, looking at me ; there w^ere several persons pre- 
sent; and then the gun exploded. 

Bv the Chairm^vn : 

Question. Upon the supposition that the shot discharged at your house would not 
have effect, was it not reasonable to suppose that you would go either to the front 
door or to the back door of the house? 

Answer. Yes, sir ; it would be very reasonable to suppose so. ♦ 

Question. You say there were two persons at the back door, with guns. Had the per- 
son in front any confederate with him, did yon learn ? 

Answer. Nothing more than vague report ; it was reported that there was quite a 
little crowd of them, and they ran i)ff up the street. But I have no knowledge of those 
fiicts, for I did not go to the front or to the rear. 

Question, Had you appeared at the front door, you would have been in range of a gun 
in the street ? 

Answer. Yes. sir. 

By :Mr. Pool : , 
Question. Did it never occur to you that the purj^ose of popping those caps was to 
draw you out of the house ? 
Ansiccr. They reported, with an oath, " that the damned old fusee would'nt go off. " 

By Mr. Yan Trump : 
Question. Would a man know beforehand whether the thing would go off or not ? 
Ansiccr. No, sir. 

By Mt. Pool: 

Question. Did it never occur to you that the popi)ing of those caps was for the pur- 
pose of getting you to go to the door, or to the window, to draw aside the curtains and 
disclose yourself? 

Answer. I think they intended to fire the first time, but they missed every time imtil 
the fourth cap. 

By Mr. Stevenson: 

Question. Is it not true in regard to shooting, that if a man makes two or three fail- 
ures, it affects his uers^es, and is apt to make him shoot wild ? 
Ansxeer. Always. 

Question. How did the ground lie outside ? . 
Ansicer. Perfectly level from the house to the street, and the street was on a level ' 
with the sidewalk. ^ 

By Mr. Blair : 

Question. You could iell pretty accurately where the man stood by tracing the line 
and range of the shot ; that is, an ordinary sized person ? In fact, that would bring 
you ta the exact spot, would it not? 

A nswer. I think I ascertained the exact spot where he stood when he fired. - 

Question. How far from the window was it ? 

Answer. About twenty paces. 

By ^Ir. Van Trump : 

Question. I do not know that it is very proper, and I am not very willing to ask a wit- 
ness his own opinion of his own mental or moral organization; but right here I will 
ask, do you not think that you are a man of very hasty and strong suspicions ? 

Ansicer. No, sir ; I think I am the very opposite. 

Question. You say you think the intention was to kill you, because directly afterward 
It was bruited through the town that you had been shot? 
Ansicer. Yes, sir. 



ALABAMA. 



145 



Qiustion. Do you menu to say that these men ran out and said they had killed you ? 
Ausiver. I do not know who told it. 

Question. From your position in the community, from the very fact that it was known 
that you had been shot at in your house, it would be said that you had been killed ? 
Answ(r. I do not know who reported it. 

Question. You say that the reason why you believe it was intended to kill you wa»s 
that it was reported that you had been killed. 
Auswtr. I merely refeiTed to that as only one circumstance. 

Question. Do yon mean by that to infer that these men said they had killed you ? 

Ans}ve)\ I do not know that I intended such an inference as that. 

Question. Then what connection has that report with the matter? 

Answer. The probabilities are that there were no other reporters there than the par- 
ties who fired the shot and their coadjutors. 

Question. I see that is your impression — that they went out and reported that they 
had killed you ; is that natural for criminals to do f 

Answer. A great many things are natural in Alabama that would not be elsewhere. 

Question. These were not disguised men? 

^inswer. I do not know ; I did not see them. 

Question. Somebody saw two men? 

Answer. Tliey were not disguised ; I stated that. 

Question. The inference is that those two were companions of these other men ? 
Answer. I should suppose they were accomplices. 

Question. And if it was so, it was as necessary for them to be disguised as for the men 
wIk) fired. Then your mind does run in this suspicious line, that these men announced 
that you were killed, and, therefoi-e, you tliought it was intended by them to kill you. 
Is not that the current of your mind on this sul>ject f . 

Answer. 1 stated this: that in view of all the facts, what occurred then and what 
f()ll()we«l afterward, my being warned to leave the i)lace, all led me to believe that an 
attempt was made on my lib'. That was the light I put it in ; and I do not know that 
1 have any reason to change it. 

(Juestion. I do nt)t know that you are unreasonable in supposing that they intentte^^, 
to talce your life. 

Answer. That is my view of it. 

By Mr. Stevi:xs( )n : 

Question. I see by the account in the i)aper that this occurred November 10, l,bC8. 
^Inswer. Yes, sir. 

Questton. Was that the night of the political meeting ? 
Answer. No, sir ; the meeting occurred the i^Otli of October, I think.. 
Question. Did tlu^v fire on your house on the day of ch^ctiou 1 
Answer. A little after the eh^ction. 

Question. While the excitement of the election still prevailed ? 
Answer. Yes, sir. 

Question. From the state of feeling in the community at that ttrae, is it your judgment 
that if the Ku-Klux had succeeded in killing you, they would have considered it a mer- 
itorious act or otherwise; would they have been likely to brag about it ? 

Answer. I thiuk it would have been an event of exultation and pleasure to them. 

Question. A question on another subject; I waiit to know whether it is your im- 
l)ressioii that these acts of hostility toward the Methodist Episcopal Church in Alabama 
have ])een committed by members of the Methodist Episcopal Church South ? Your 
testimony here might possibly be subject to that inference, and I want to know 
wh(?th(»r you intend that. 

Answer. I have made no such statement. 

Question. I know you have not ; but I want to know if you intend to convey that 
impression. 

Answer No, sir; I say this, and I mean it, that the Methodist Episcopal Church 
South is intensely bitter and hostile toward the Methodist Episcopal Church. 

By Mr. Van Trump : 
Question. A little unchristian feeling on both sides? 
Answer. I do not think there is on our side. 
Question. It is perfectly right on your side ? 
Answei\ So far as I know. 

By Mr. Stevenson : 

Question. Have there been, so far as you know, any such acts committed upon their 
houses or persons ? 
Answer. Not an instance that I know of or ever heard of. 
Question. By nobody there ? 
Answer. No, sir. 

10 



146 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



A. 

State of Alabama, Count}/ of Madison : 

Oii this IHth (lay of August, 18G9, personally appeared before me, Lewis M. Douglass, 
judge of probate in and for the county and State aforesaid, M. B. Sullivan, minister of 
Merhodist E. Church, resident of Marshall County, State of Alabama, who, being duly 
sworn, deposes and says that, on or about the 23d day of February, 1869, while attend- 
ing to the duties of my office or ministration, in traveling from Mr. Cooper's, near 
Deposit, in Marshall County, State of Alabama, to Mr. Willis Stephens's, in the same 
county, on road from Mr. Cooper's to Fearen's Ferry, I was met by a man who was 
walking, a stranger to me then and since, who spoke to me, saying, Are you the min- 
ister who preaches in this settlement ?" I replied, I am." He then stated to me 
he was in feearch of me, to tell me that my life was in danger ; that on the third Sunday 
in the month the Kn-Klux had watched the road leading from Fearen's Ferry to McHar- 
den's for me ; also, Chat Rash Furgerson had watched the road leading* from the church 
to the ferry to see which way I did ^o, to inform theKu-Klux of it. He would not tell 
his name ; said he was a friend of mine, and if it was known that he had warned me 
his life would be in danger. He left me then. After going about one mile and over, I 
met a colored man who said his name was Burton, and he gave me the same warning 
that the unknown white man had. When I reached Mr. Willis Stephens's house, I there 
repeated that which the two men had told me, and Mr. Stephens said that the colored 
man was believed to bo truthful, and that they could not tell certainly who the white 
man was, but that I must be careful of myself. Mr. Stephens said he had seen the 
man Rash Furgerson riding by his house, going and coming to and from the direction 
of the church on that Sunday ; tbat he had stopped and talked with him. 

About Friday, 9th of April, 1869, while traveling on the Warrenton and Gadsden 
road, near Warrenton, in Marshall County, Alabama, I he<ird the explosion of a gun- 
cap, on the right-hand side of the road, in the bottom, which was a marshy thicket. I 
tried to see who was there, but could not get in there, the ground was so marshy ; I 
could not see who the party was. 

I further swear that on May the 9th, 1869, the second Sabbath of the month, I was 
keeping my regular appointment at the church in the settlement of Wright's, near 
Flint River. I was in the church a few minutes before the services commenced. 
Three men came to me, saying they wanted to speak privately to me. We walked out 
from the church about thirty yards. Mr. Giles, Wm. S. Slinger, and I think the other 
one's name is Mr. Moon. Mr. Giles said, We are your friends," and that they had 
come there to tell me it was dangerous for me to preach there that day or at any other 
time. Jf I did preach, it would cause blood to be shed; that the white citizens were 
opi)osed to my preaching there ; and Mr. Wm. S. Slinger said that if he was to have me 
to go home with him, before he was a week older the Ku-Klux would visit him and 
drag him through the ponds and whip him. I told them that I would fill this appoint- 
ment, and leave it to the people to say whether I should return again. We all then 
went into the church, and I commenced services. During the services there was quite 
a crowd of men and boys outside, who, by their loud tones of conversation and profane 
language, greatly annoyed and disturbed myself and my fellow-worshippers. At the close 
of the services I told tho congregation that I had been informed that they were opposed 
to my preaching in tho church, and desired to know their feelings about' the matter. I 
took my seat. The congregation then took a vote upon the matter. The result was 
communicated to me that the greater number wished me to continue my regular ap- 
pointments with them. "Then they took a vote to see who was opposed to my preach- 
ing there, and three (one young man and two young ladies) voted that I should not 
preach there, after which Mr. Giles said in a speech that he was opposed to my preach- 
ing there, as the church I was a minister of had caused the war, and that if I did, it 
would cause bad times and bloodshed in the country. The crowd outside cheered him, 
some saying, "That is right," God damn him, do not let him come here." 

I further swear that on Tuesday night following, the lOtli of May, 1869, while I was 
at Henry Stephens's, four miles from Vienna, Madison County, State of Alabama, I was- 
aroused frcun sleep by Henry Stephens, who called my name. When I raised up in bed, 
I saw it was surrounded by men in disguise, faces masked, and persons covered with 
black gowns, having pistols in their hands pointed towards my body. Three were 
there at first and tvK) more came in my room. One of them said they had come to see 
me, speaking evidently in an unnatural tone of voice. One told Mr. Henry Stephens 
to get my saddle-bags, when Ur. Stephens told one of his. daughters to get them. 
\V hereupon one of the disguised men followed after her, pointing his pistol at her, 
which, she seeing, tnrned back, and refused to go. Henrv Stephens then went for them, 
tollowcil by the man, who pointed a pistol at him. When Mr. Henry Stephens re- 
turned, his daughter, .Miss Nancy, cauglit one of the men by the arm, saving, "Father, 
this one is Mr. John, I think, but Van I am sun;." Thereupon two of the men pointed 
their pistols at her, saying, " Hush ; John Van is not in the crowd." One had left the 



ALABAMA. • 147 

loom in the mean time, while two were examinining my saddle-hags. They took out 
of my saddle-hags two pistols and some papers, and these two men said to Mr. Henry Ste- 
phens they would hold him responsihle for anything that was said hy him or his family. 
Another one had gone ont, leaving three in the room. Dnriug all this time one of them 
kept a pistol pointed at me. They then eame all toward me, saying, " You must go 
with ns." pointing their i)istols at me. Mr. Stephens said, Do not hnrt him. I have 
found out, on inquiry, that he is a gentleman ; if it had not been so I would not have 
entertained him." One of them saitl, ''We will bring him baek to stay all night with 
you.'' They drove me out before them, threatening to shoot me if I did not gt) aloi\g 
(|uietly. When we got to the gate, they led out seven horsi^s, covered with white 
covers, to the road hy me. Five got on their horses, two walking in front and making 
me go before them. When we ha<l gone about two hundred yards or more, they liad 
what they ealled a trial, charging me with being in iavor of negro equality, of being 
hired by die United States Government to preach to the negroes, and that I had not 
been loyal to the Southern States during the war: that my connections were tories to 
the South. Then they held a consultation, and one said, is head header of tlie 

Xortheru ^Methodist Church he had known mc for sixteen or seventeen years; I had 
a great deal of iutluenee where I lived. He thought it best to kill me, and get me out 
of the way. Another said, •* Colonel, if you think it best, we will do it.'' I think that 
the one called colonel to )je Colonel James Shetlield, as I recognized him by his voice, 
size, and from the statements he luid made there. After lea^ ing Mr. Henry Stephens, 
they s])()ke in their natural tones of voice. One then said, ''You are a man under bad 
character.'' I replied, ''My niughbors wouM not say that.*' One said, Who are your 
neighbors ?" I called over tbe luuues of several, when one said t(» another in a low 
tone, CJod damn him, they are the very on(^s who first reported him to us." Then our 
said, "Sir, one of your neighb<us is here; we will call him up, and let him tell your 
character.'' One tlK-n left, returning with another disguis<'d nuiu, and the nnin said I 
was a traitor. WIumi he came up, these nu'U said, Ther<» is your ueighl)or," but did 
not mention his name. I think liis name is Dr. Dean. I knew liim by his size, voice, 
and shai)e, he b<ung humi)-shouldcred. as he had been practicing in my family. Then 
one of them said, " Sir, if you had taken the advice we gav(^ you last Sabbath, you 
wouhl have Sibved your life." They snapped their pistols at m<'. One said. '• He inay 
b<' a good man ; do not kill him ; whi[) Inni." One cut a stick, a hick(uy, and ordered 
me to takt* my coat otf, which 1 refused to do. He then struck me twic<' with the 
stick, and caught ui<^, pulling olf my coat. One said 1 was so stubborn, " we ought to 
Ijcat him to death." Another said, "ijo and luing Parson IMielps." On the parson 
coming, they said, I'arson, we decided upon killing this man," but that as they con- 
clude(l I was a good man, it would be wrong to kill me, but I should be whii)[)ed." The 
l"»arson said for them togiv(^ me forty licks with a club. They replied, '* If you say so 
we Avill do it." The i^arson said, '-Go ahea<l, I will count th(^ licks." Then'they com- 
meneed hitting me with the stick. I defended my head by throwing up my arms. I 
do not know how many tim<'s they hit me. The i)ars()ii at last told them to stop, and 
the one who had l)eat me said, ''I gave him that for you ; now this one for me," hitting 
me over the shoulders. One of the strokes with the stick hit me on the right side, 
above the foreheiid. breaking the bone and knocking me down on my knees. Then 

anotlierman said to one v»'ho was on a hors<^ to give him the name I did not hear. He 

receiv<Hl it, and struck a1 me witli it. I grasped at it with my right hand, but the blow 
was given with su(di force I could not resist it. It struck me on the breast and stom- 
ach, knocking me backward some distance, and from the blow I am injured iuternally 
very seriously. They then said if I did not start home at daylight, if ^hat they had 
given me did not kill me. they would then kill me, and that any quarterly meeting should 
not be held, for they intended to kill my elder, L'ev. A. 13. Lakin, so he could not hold 
it; that 1 must preaeh for the ^lethodist Church South; work for my family weeks ; 
(that they lived as close to my home as they did here, and that they inhabited the 
moon;) they would kill me. They then started as if to leave ine, but returned and 
told me they anted me to understand that no Methodist church could exist south of 
Mason and Dixon's line but the Methodist Church South. They asked if I wanted them 
to go with me back to the house with me ; I replied, '' You can do as you i)lease." They 
then said, We will kill yon if you do not ackn(iwledge that what we have done is per- 
fectly right." 1 re])lied, Christ has decided that oflens(\s must needs come, but woe unto 
them liy whom they come." The}' left cursing, saying, You have iireached your last 
s(;rmon." I got back to the house with much diltieulty and great pain, sutfering from 
the treatment and whipping they gave me, reaching there ten minutes of 1 o'clock; a 
Ihie rain falling all the time. I left the family next morning for my home, about sun- 
rise, and, after riding about seven or eight mih's on the road to Guutersville, I saw a 
man walking ahead of me; before I got to him, he turned to the left, and went to the 
woods. After I had i)assed him I heard the report of a gun or a i)istol on that side of 
t he road, and another one on the same side ; then a shot on the right — the bullets of the 
two latter ])assing close by me. 
I reached home that day, and suffered so much from the maltreatment I had received 



148 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



I was compelled to remain in bed on Thursday and Friday. On Friday night T heard 
th*^ steps of horses and men walking ; it was so dark I conld not see them. They were 
there about half an hour, around my house. I left m}\ home on Saturday morning, 
thoutrh suffering intensely, for I was afraid to stay there any longer. I was gone from 
home three days, compelled to lay down nearly all the time. On my arrival, any wife 
told me that the men had been there one night while I was absent. 

I further sweat that Mr. Samuel Wallace came to my house and told me that Colonel 
James Sheffield and Rash Furgerson had sent him to tell mo that they wanted me to 
go to Colonel Sheffield's, and that they would satisfy me if I would not do anything 
more in this case, and would not cross the river again. I did not go, fearing it might 
be a trap to catch me, and do me more injury. , . . 

I have been told repeatedly by my friends that it would not be safe forme to remain 
there and I have not been back since they beat me. I have not been able to attend 
to my duties, as I have not recovered sufficiently from injuries received on the 11th of 
'Mav, 1869, even if my life was not in danger there. 

' ^ MOSES B. SULLIVAN. 

Subscribed and sworn to before me, this 18th day of August, 1869, and I certify that 
the foregoing declaration was carefully read to him before signing. 

° LEWIS M. DOUGLASS, ^ 

Judge of Prolate, 



B. 

State of Alabama, Madison County j ss : 

On this 29th day of May, A. D. 1871, personally appeared before me, James H. Bone, 
clerk of the circuit court in and for the county and State aforesaid, George Taylor, 
resident of Madison County, late of Colbert County, State of Alabama, who, being duly 
sworn, deposes and says that in January, 1869, he was living with Mr. George Duncan, 
near Cherokee, Colbert County, Alabama, where he had lived ten years before ; about 
the middle of the month, about 2 o'clock at night, he was aroused from sleep by some 
persons breaking down the door of his house ; after the door was broken down some 
six men, dressed in disguise, their heads covered with a white-cloth sack, and their 
bodies with black gowns ; these men came to my bed where I was, and took me up and 
carried me out of the house from my wife ; they took me about fifty or sixty yards, and 
laid me down on my back, but I fought them so they turned me on ray face and 
stretched ray arms and legs out, a man holding each. When I came out of the house 
I saw some more of these men. I counted twelve in all. While in this position these 
men whipped me, first one and then another, relieving each other. They hit me about 
five hundred times. They also struck me on the head with a pistol two or three times. 
They told me not to move or grunt or halloo ; and I held my breath, and did not move 
when they hit me. When they shook me and I did not move, they stuck me with som4 
sharp instrument in back, legs, and rump ; all over these parts they stuck their knives. 
Then they raised me up, and one said, " He is dead." He then rubbed his hands over my 
face. I could not hold ray breath any longer. And then they all pointed their pistols 
at my head, and said, " You must leave this county by Monday night." One of them said 
he could not get away ; he cannot get ready by Monday night. Then they said they 
would give me until Tuesday. This occurred on a Saturday night, and if I was found 
there after that I would go up. On Tuesday night I left, leaving everything, and losl 
my labor. "J 

his 

GEORGE -f- TAYLOR. 

mark. 

Witness : 

John H. Wager. 

Sworn to and subscribed before me this 29th day of May, 1871 ; and I hereby certifv 
that the foregoing affidavit was carefully read over by me to the affiant before h^e 
signed and made oath to the same. 

JAMES II, B^ .E, Clerk. 



C. 

State of Alabama, Conniij of Madison, ss : 

On this 27th of October, 1869, personally appeared before me, a clerk of the circuit 
court, Eliza Jane Blair, late resident on Mr. John Floyd's plantation, Limestone Countr , 
btato of Alabama, but now resident of Madison Countv, State of Alabama, who, bein r 



ALABAMA, 



149 



duly sworn, deposes and says slie was asleep in the same house with her brother, Williaiy) 
Blair, on the night of — December, 1868,* was aroused from sleep by some one break- 
ing o})en the door, and I saw two men, who came into the house ; they went to her 
brother's bed, caught him by the arm, and told him to come along with them. I know 
these men to be Dick Ilines and Rulf Wray ; he not moving, Rult* Wray hit him over 
the head with a pistol, saying, ''Get up, God damn you. ' They pulled him out of the 
house ; I followed him out of the house, and saw him surrounded by Poney and Burt 
Hines, Bell Northen, Dave Triend Hugh, George Cute and Sim Hudson, Jim Henry 
Cox ; these men all had over their persons white gowns, but their faces were not 
masked, and I was able to recognize them all; they beat him with their pistols, and 
dragged him of£ some distance from the house ; I did not see them after they went over 
the hill. I further swear that, about an hour afterward, I heard a noise, and my sister 
went out of thv. house to see what caused it; she came back, carrying in her arms my 
brother, William Blair; I saw his clothes were covered with blood, and I examined and 
found his back, arms, and legs were all cut o}>en, lirst one way and then across ; the 
bottom of his feet were cut oi)en, his thighes, and calves of his legs were split open, 
and dee]) gashes cut across them again. Since then he has not been able to do any 
work, being almost con>?tantly in bed, and under the care of the doctor. These men 
came back to the house before mybroth<'r had returned, audstiid that if Gus Blair and 
his family did not leave, they would kill all his iamily, and burn every house up on the 
place. 

hi'V 

ELIZA JANE 4- BLAIR, 
murk. 

Witnesses : 

.1 T'STIX RoroTiE. 
Joiix H. Wagek. 

Sworn and subscribed to before me this '^Tth day of October : and I hereby 
certify that the foregoing was carefully read to the alKiant befon^ she signed her name 
by making her mark. 

JAS. H. BONE, 

Clei'k Cu'cidt Court. 



D. 

State of Alabama, Count i/ of AladUou, bs: 

On this 4th day of August. })ersonally appeared before me, a <derk of the cir- 

cuit court in and t\)V the county and State aforesaid, Mary Cami)hell, of the county of 
;^Ladison, State of Alabama, who, being duly sworn, deposes and says that on Saturday 
night, the 24th day of July, iHOi), while she^md lier husband, William Campbell, v/eve 
asleep in their be(l in a house on the jjlantation of Mr. James Sanford, we were aroused 
from sleep by the rejxirt of a i)istol-shot, and I saw that my husband had been shot in 
the left side ; I saw the blood running out of his side ; it ran on my clothes ; he cried 
out, "O Lord!*' and I saw six or seven men in the room around our bed, wdiich was on 
the iloor ; they had their faces covered over with black masks, and their bodies were 
covered with black gowns; these men said, *'You are the danm raseal who has been 
keeping up all the fuss in tlie cove," and one of them reached around me and shot my 
husband in the side of the head with a i)istol-balI ; they told my husband to go out of 
the room, saying, ''(Jo out of this room, God damn you; you are the one that has been 
keeping up all the fuss in the cove; " he went out with them, and leaned up against the 
fence, and I saw and heard some three or four of them shoot at him ; he was hit in the small 
of his back by one of the shots; he fell on the ground, and the men shot at him again 
while he was lying on the ground : I saw some others outside of the yard, about tliree 
or four that I coukl see ; after they tired the last shot, one of them said, '^Come, let's 
go," and they left: 1 helped to carry my husband into the house, and found that he had 
been shot some six times: he died in about an hour after he was shot; I am about 
seven months with child ; I could not tell any of the men. 

I further swear that about three' weeks before that, on a Sunday morning, Mr. James 
Sanford c- -^e down to our house ; I was not there when he lirst came in ; was at mj 
brother's, >>eIow it, and I saw he had a pistol in his hand ; then I went to my house ; 
my husband was sitting in a chair, but sat leaning against the house ne.ar the door; 
Mr. James Sanford was leaning against the fence around the grounds on which our 
house is situated ; he had in his liauds a pistol, resting on the fence pointed toward 
my husband; he accused my husband of stealing his chickens, which my husband 
denied doing ; Mr. James Sanford wanted him to pay for the chickens; my husband 
refused to do so ; then ^Iv. James Sanford said if he did not he wotdd shoot his black 
infernal heart out of him ; he continued to curse and abuse my husband. When I got 
Xo my house I sat down in the doorway, and my child was by niy sidis Mr James Sau- 
Xord told me to take my child away from there ; that he did not want to shoot the child ; 



150 CONDITION OF AFFAIRS IN THE SOUTHERN STATES. 



I took my child iu tbo house ; then my husbaiul told him he would eome to town, and 
report him for saying he would take his life, and for drawing his pistol over him ; Mr. 
James Sanford said if he did eome here and report it, he would have to leave the 
county; Mr. Sanford left for his house ; ray husband left our house Sunday evening 
for town to report what Mr. Sanford said. 

her 

MARY -1- CAMPBELL. 

mark. 
• 

Witness : 

Joiix Lee Rogers. 
John H. W.\ger. 

Sworn and subscribed to before me this 4th day of January, A. D. 1869. 

JAS. H. BONE, 

Clerk Circuit t^ourt. 

I hereby certify that the foregoing affidavit was carefully read to the affiant before 
bhe signed her name by making her mark. 

JAS. H. BONE, 

Cleric Circuit Court. 



State of Alabama, County of Madison : 

On the 13th day of September, 1869, personally aj^poared before me, John Lee Rogers 
notary public in and for the county and State aforesaid, Prior Turner, resident of Giles 
County, Tennessee, formerly of Jluntsville, Madison County, Alabama, who, being duly 
sworn, deposes and says that on the night of 13th day of Maich, 1869, while 1 was 
resting and waiting for my supper in the bouse of RufusWhite, at Madison Station, on 
the Memphis and Charleston Railroad, in Madison County, State of Alabama, I was 
aroused from sleep by two men, who, pointing their pistols at me, ordered me to go 
with them out of the house, which I did ; as soon as I reached the door I ran avray 
from them; Avhereupon they fired four shots at me, one hitting me in my right shoulder, 
causing a severe wound, and another hitting my coat on the right side above the hip- 
bone. I have had two men arrested, but could not make my case good against them. 
Since then I have called on the solicitor (Mr. William Weedeu) of Madison County, 
State of Alabama, five times, to bring suit against the said county, as the law requires. 
On each and every application he has refused ]ioint-b]ank to do so, saying, the tii-st 
time, it was the law, but the law was not worth a damn, and I could not recover any- 
' thing. The second time he said he would not do it, and bear the responsibility of col- 
lecting money from the county for acts done by disguised men; that I muvst get some 
one or two lawyers to bring the suit ; that they must write the papers ; he would 
neither write them nor plead the case ; the same the third and fourth time ; and again, 
on this 13th day of September, 1868, 1 called on him, asking whether he would bring 
the suit; he replied he would not do it ; the law did not require him to do it ; tliat if J 
had been killed, the law required him to bring it for my widow, but not for me. 

his 

PRIOR + TURNER, 
mark. 

Witness : 

Justin Rouaghe. 

H. N. Roberts. * 
John H. Wager. 

At the same time and place personally appeared before me, this 13th day of Septem- 
ber, 1869, Calvin East, resident of Madison County, State of Alabama, who, being duly 
sworn, deposes and says that he accompanied Prior Turner to the office of the solicitor 
of Madison County, Alabama, Mr. William Weeden. When we reached there Prior 
Turner asked Mr. Weeden whether he was going to bring ^nit against the county for 
hiui for what the disguised men had done to him. Mr. Weeden said he would not 
it ; that Prior Turner must get one or two lawyers to write the